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57th  Congress,  )  SENATE.  j  Document 

U  Session.       ] I     No.  180. 


MESSAGE 


FROM  THE 


PRESIDED  OF  THE  UNITED  STATES, 


TRANSMITTING 


A  REPORT  BY  THE  SECRETARY  OF  STATE,  WITH  ACCOMPANYING 
PAPERS,  RELATIVE  TO  THE  PROCEEDINGS  OF  THE  FIRST 
CUSTOMS  CONGRESS  OF  THE  AMERICAN  REPUBLICS,  - 
HELD  AT  NEW  YORK  IN  JANUARY,  1903. 


February  26,  1903. — Read;  referred  to  the  Committee  on  Foreign 
Relations  and  ordered  to  be  printed. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1903. 


P  His 


^^  3(oO 

Ba-^crcft  Libraicy 


TABLE  OF  CONTENTS. 


ENGLISH    TEXT. 

Page- 

Letters  of  transmittal  to  Congress 5 

Report  of  the  United  States  delegation  to  the  Secretary  of  State 7 

Resum^  of  resolutions  approved  by  the  First  Customs  Congress  of  the  Ameri- 
can Republics -  -  -  H 

Resolutions  of  the  Second  International  Conference  of  American  States  calling 

for  the  assembling  of  a  customs  congress 15 

Journal  of  proceedings  of  the  First  Customs  Congress  of  American  Republics .  19 

Appendices 44 


3 


\ 


X   2 


< 


LETTER  OF  TRANSMITTAL. 


To  THE  Senate  and  House  of  Representatives: 

I  transmit  herewith  a  report  by  the  Secretary  of  State,  with  accom- 
panying papers,  relative  to  the  proceedings  of  the  First  Customs 
Congress  of  the  American  Republics,  held  at  New  York  in  January, 
1903. 

Theodore  Roosevelt. 

White  House,  February  25,  1903, 


The  President: 

The  undersigned.  Secretary  of  State,  has  the  honor  to  lay  before 
the  President  tne  report  of  the  delegates  of  the  United  States  to  the 
First  Customs  Congress  of  the  American  Republics,  held  at  New  York 
in  January,  1903,  with  the  resolutions  and  minutes  of  the  congress 
and  accompanying  papers. 

Respectfully  submitted. 


Department  of  State, 

Washington^  February  ^4^,  190S. 


John  Hay. 


REPORT  OF  UNITED  STATES  DELEGATION  TO  SECRE- 
TARY OF  STATE. 


Washington,  D.  C,  February  ^,  1903, 
Sir:  The  undersigned,  delegates  of  the  United  States  of  America  to 
the  First  Customs  Congress  of  the  American   Republics,  have  the 
honor  to  submit  the  following  report,  with  a  copy  of  the  resolutions 
and  minutes  of  the  congress  and  accompanying  papers: 

The  Second  International  Conference  of  American  States,  held  in 
the  City  of  Mexico,  by  a  resolution  signed  on  January  22,  1902,  pro- 
vided for  a  customs  congress,  to  be  composed  of  one  or  more  dele- 
gates appointed  by  each  government,  to  meet  in  the  city  of  New 
York  within  one  year  from  the  date  of  the  closing  of  the  sessions  of 
the  international  conference  in  Mexico.  That  resolution  defined  the 
general  scope  and  outlined  the  more  important  details  of  the  work  to 
be  considered  by  the  proposed  customs  congress.  The  international 
conference  at  Mexico,  by  a  resolution  signed  January  29,  1902,  also 
directed  the  proposed  customs  congress  to  investigate  certain  meas- 
ures to  facilitate  international  commerce  which  were  set  forth  in  the 
resolution.  These  resolutions  were  printed  in  full  in  Senate  Document 
No.  330,  Fifty-seventh  Congress,  first  session,  and  accompanied  your 
instructions  to  the  delegates  of  the  United  States  of  America.  The 
governing  board  of  the  International  Bureau  of  the  American  Repub- 
lics fixed  January  15, 1903,  as  the  date  for  the  preliminary  assembling 
of  the  congress  at  New  York,  and  January  IT,  1903,  as  the  date  for 
the  inaugural  session. 

The  First  Customs  Congress  of  the  American  Republics  was  com- 
posed of  29  delegates,  representing  13  nations.  In  the  number,  official 
rank,  and  high  abilities,  combined,  of  the  delegates  the  congress  was 
the  most  representative  assemblage  from  the  American  Republics 
which  had  been  held  in  the  United  States  since  the  meeting  of  the  first 
Pan-American  conference  at  Washington  in  1889.  Ecuador,  El  Salva- 
dor, and  Nicaragua  were  represented  by  their  ministers  plenipotentiary, 
Senor  Don  Alfredo  Baquerizo,  Senor  Don  Rafael  S.  Lopez,  and  Senor 
Don  Luis  F.  Corea.  Bolivia,  Uruguay,  and  Venezuela  were  repre- 
sented by  their  charges  d'affaires,  Senor  Don  Jorge  E.  Zalles,  Senor 
Dr.  Don  Luis  Alberto  de  Herrera,  and  Senor  Don  Augusto  F.  Pulido. 
Mexico  was  represented  by  Senor  Don  Javier  Arrangoiz,  director- 
general  of  customs,  and  Senor  Don  Pedro  M.  del  Paso,  inspector-gen- 
eral of  customs.  The  Argentine  Republic,  Guatemala,  and  Honduras 
were  represented  by  their  consuls-general  at  New  York,  Senor  Dr. 
Don  R.  Alvarez  de  Toledo,  Seiior  Don  Julio  J.  Yela,  and  Gen.  Nica- 
nor  Bolet-Peraza,  who  was  a  delegate  to  the  first  Pan-American  con- 
ference. Cuba  was  represented  by  Senor  Don  Fidel  G.  Pierra,  member 
of  the  board  of  the  University  of  Habana.     Peru  was  represented  by 


8  FIRST    CUSTOMS    CONGRESS   OF   AMERICAN   REPUBLICS. 

Senor  Don  Alberto  Falcon,  Senor  Don  Manuel  Alvarez  Calderon,  the 
minister  from  Peru  and  a  delegate,  being  unavoidably  detained  in 
Washington.  Other  delegates  were  the  consul-general  of  Bolivia, 
Senor  Don  Gerardo  Zalles;  the  secretary  of  the  legation  of  El  Salva- 
dor, Senor  Don  Federico  Mejia;  the  consul-general  of  Nicaragua  at 
New  York,  Senor  Don  Adolfo  D.  Straus,  and  Senor  Don  James  E. 
Davis  and  Senor  Don  Juan  J.  Ulloa  representing  Guatemala.  The 
United  States  of  America  was  represented  by  the  Hon.  William  R. 
Grace,  former  mayor  of  New  York;  Mr.  William  H.  Lincoln,  presi- 
dent of  the  chamber  of  commerce  of  Boston;  Mr.  Kenneth  Barnhart, 
of  Chicago;  Mr.  Gustav  H.  Schwab,  of  New  York;  from  the  Treasury 
service — by  the  Hon.  O.  L.  Spaulding,  Assistant  Secretary  of  the 
Treasury;  the  Hon.  Israel  F.  Fischer,  of  the  Board  of  General  Apprais- 
ers; Mr.  Robert  B.  Armstrong,  representing  the  Secretary  of  the 
Treasury,  and  Mr.  Eugene  T.  Chamberlain,  Commissioner  of  Naviga- 
tion; from  the  port  of  New  York — Mr.  Nevada  N.  Stranahan,  collector 
of  customs;  Mr.  George  W.  Whitehead,  appraiser,  and  Mr.  Joseph 
J.  Couch,  special  deputy  collector  of  customs.  The  Governments  not 
represented  were  Brazil,  Chile,  Colombia,  Costa  Rica,  Dominican 
Republic,  Haiti,  and  Paraguay. 

While,  pursuant  to  your  instructions  and  in  accord  with  their  own 
inclinations,  the  delegates  of  the  United  States  of  America  did  not 
seek  honors,  the  Congress  saw  fit  to  choose  the  Hon.  William  R. 
Grace  temporary  chairman,  and  the  Hon.  O.  L.  Spaulding  permanent 
president.  Other  permanent  officers  chosen  were:  First  vice-presi- 
dent, Senor  Don  Fidel  G.  Pierra,  of  Cuba;  second  vice-president,  Mr. 
Kenneth  Barnhart,  of  the  United  States  of  America;  secretary,  Senor 
Don  Pedro  M.  del  Paso,  of  Mexico;  secretary,  Mr.  Eugene  T.  Cham- 
berlain, of  the  United  States  of  America;  assistant  secretary,  Mr. 
W^.  P.  Montgomery,  representing  the  International  Bureau  of  the 
American  Republics. 

Through  the  courtesy  of  the  mayor  of  the  city  of  New  York,  the 
Hon.  Seth  Low,  the  president  of  the  borough  of  Manhattan,  the  Hon. 
Jacob  A.  Cantor,  and  the  board  of  aldermen,  the  meetings  of  the 
congress  were  held  in  the  aldermanic  chamber  of  the  city  hall  of  New 
York,  and  in  the  historic  governor's  room,  rich  with  memories  of 
Washington,  Hamilton,  and  other  founders  of  free  government  on  the 
American  continent.  The  mayor  of  the  city  also  delivered  a  cordial 
address  of  welcome  to  New  York,  and  the  Hon.  Leslie  M.  Shaw, 
Secretary  of  ths  Treasury,  delivered  an  instructive  address  on  cus- 
toms policies,  formally  opening  the  congress.  In  behalf  of  the 
foreign  Governments  represented,  Gen.  Nicanor  Bolet-Peraza,  consul- 
general  of  Honduras,  responded  in  felicitous  words  to  these  addresses. 

The  congress  assembled  on  January  15  and  adjourned  sine  die  on 
January  22.  It  held  five  regular  sessions,  besides  numerous  committee 
meetings  involving  the  attendance  of  nearly  all  of  its  members. 
Within  this  very  brief  time  the  delegates  of  the  United  States  of 
America  believe  that  much  important  work  was  accomplished,  and 
this  belief,  in  their  opinion,  is  shared  by  the  delegates  from  the  other 
American  Republics  represented.  The  most  important  results  are 
doubtless  the  strengthening  of  ties  of  friendship  and  s^^mpathy  between 
the  Republics  represented,  a  better  understanding  of  one  another's 
purposes  and  business  methods,  and  the  proof,  from  experience,  that 
practical  benefits  to  international  trade  between  the  Republics  of  the 


FIEST   CUSTOMS    CONGRESS   OP    AMERICAN   REPUBLICS.  9 

American  hemisphere  will  follow  similar  congresses  in  the  future. 
A  copy  of  the  formal  resolutions  adopted  by  the  congress  and  duly 
signed  by  the  delegates  is  transmitted  to  you  with  this  report.  These 
resolutions,  with  the  minutes  of  the  congress  and  the  several  papers 
prepared  by  delegates  and  ordered  printed,  will  show  the  nature  and 
extent  of  the  work  actually  performed  and  that  outlined  for  future 
customs  congresses. 

The  congress  was  ad  referendum.  Some  of  its  recommendations 
require  the  approval  of  the  legislative  or  executive  branches,  or  both, 
of  the  Governments  represented.  The  delegates  of  the  United  States 
of  America,  some  of  whom  were  officers  of  the  Treasury  and  Customs 
Service,  will  in  due  season  take  such  steps  as  may  be  necessary  to 
endeavor  to  secure  such  approval  in  this  country.  It  is  not  doubted 
that  the  delegates  from  the  other  Republics  will  also  endeavor  to  secure 
the  approval  of  the  recommendations  of  the  congress  by  their  respec- 
tive Governments.     ' 

The  congress  voted  unanimously  in  favor  of  the  adoption  of  the 
metric  system  now  in  use  in  all  American  Republics  except  the  United 
States  of  America,  and  the  delegates  of  this  country  hope  that  this 
recommendation  will  hasten  the  early  establishment  of  that  system 
uniformly  throughout  the  Republics  of  the  Americas. 

The  delegates  of  the  United  States  of  America  believe  that  the  recom- 
mendations of  the  congress  for  certain  preliminary  work  before  the 
meeting  of  the  second  customs  congress  will  enable  that  body,  when 
convened,  to  accomplish  much  more  work  in  a  more  thorough  manner 
than  could  be  done  by  the  first  congress,  which  was  in  many  respects 
experimental.  At  the  same  time  they  desire  to  convey  to  you  their 
appreciation  of  the  preliminary  work  of  the  Department  of  State  and  of 
the  International  Bureau  of  the  American  Republics,  of  the  assistance 
rendered  by  the  International  Bureau  to  the  congress  throughout  its 
deliberations,  and  of  the  gracious  hospitality  of  the  Department  of 
State  at  the  close  of  a  congress  during  which  it  was  the  constant 
endeavor  of  the  delegates  of  the  United  States  of  America  to  impress 
upon  the  delegates  of  sister  Republics,  in  the  language  of  your  instruc- 
tions, "that  we  desire  above  all  their  material  prosperity  and  their 
political  security." 

In  conclusion,  the  delegates  desire  to  convey  to  you,  and  through 
you  to  the  President  of  the  United  States,  their  grateful  acknowledg- 
ment of  the  distinction  bestowed  upon  them  in  selecting  them  to  rep- 
resent the  United  States  of  America  at  the  First  Customs  Congress  of 
the  American  Republics. 

We  have  the  honor  to  be,  your  obedient  servants, 

0.  L.  Spaulding, 
Robert  B.  Armstrong, 
Eugene  T.  Chamberlain, 

/  N.  N.  Stranahan, 

J.  J.  Couch, 
GusTAV  H.  Schwab, 
W.  R.  Grace, 
G.  W.  Whitehead, 

1.  F.  Fischer, 
William  H.  Lincoln, 
Kenneth  Barnhart. 

Hon.  John  Hay, 

Secretary  of  State^  Washington^  D.  C, 


RESUME  OF  THE  RESOLUTIONS  APPROVED  BY  THE 
FIRST  CUSTOMS  CONGRESS  OF  THE  AMERICAN  RE- 
PUBLICS. 

The  undersigned,  delegates  of  the  republics  represented  at  the  First 
Customs  Congress  of  the  American  Republics,  duly  authorized  by 
their  governments,  have  approved  the  following  resolutions: 

I. 

Resolved^  That  the  First  Customs  Congress  of  the  American  Repub- 
lics recommends  to  the  governments  of  the  republics  represented  that 
those  governments  issue  instructions  to  their  principal  officers  of  the 
customs  and  consuls,  respectively,  to  facilitate  the  dispatch  of  vessels 
engaged  in  international  commerce  by  according  shipowners,  masters 
of  vessels,  and  shippers  all  conveniences  and  accommodations  within 
their  power,  such  conveniences  and  accommodations  to  include  official 
services  with  equitable  compensation  during  extra-official  hours  in 
exceptional  cases  when  the  interests  of  international  commerce  would 
thereby  be  promoted;  and 

Whereas  delays  in  the  visits  of  health  officers  to  vessels  sometimes 
cause  loss  to  shipowners,  consignees,  passengers,  and  others: 

Resolved^  That  the  governments  represented  be  requested  to  instruct 
their  sanitary  officers  to  visit  vessels  immediately  on  arrival,  provided 
that  such  visits  should  be  in  official  hours. 

II. 

Resolved^  That  the  customs  congress  recommends  to  the  gpvern- 
ments  represented  that  fines  imposed  on  masters  of  vessels  for  omissions 
or  infractions  of  law  in  making  out  customs  documents  be  condoned 
in  all  cases  when,  in  the  judgment  of  the  department  of  the  treasury, 
it  appears  that  there  was  no  intention  to  commit  fraud. 

•       III. 

Resolved^  That  the  customs  congress  recommends  that  when  pack- 
ages are  unladen  from  a  vessel,  which  are  not  destined  for  that  port 
but  for  another  port,  domestic  or  foreign,  said  packages  shall  be 
returned  without  the  imposition  of  a  fine,  as  soon  as  it  can  be  proved 
that  said  packages  are  destined  for  another  port,  said  proof  to  be  by 
telegraph  or  by  certificates  issued  by  the  customs  officers  of  the  port 
where  the  said  packages  were  missed. 


12  FIRST    CU8T0MH    CONGRESS    OF    AMERICAN    REPUBLICS. 

IV. 

Besolved^  First.  That  a  commission  be  appointed  by  the  board  of 
directors  of  the  International  Bureau  of  the  American  Republics,  as 
soon  as  practicable,  whose  duty  it  shall  be  to  prepare  and  have  printed 
in  English,  Spanish,  and  Portuguese  a  compilation  in  succinct  form, 
giving  the  practice  of  each  country  upon  the  subjects  of  vessels,  mer- 
chandise, and  nomenclature  in  use  tnerein,  such  publication  to  be 
arranged  in  form  to  afford  ready  comparison. 

Second.  That  the  next  session  of  this  customs  congress  convene  in 
the  city  of  Washington  as  soon  after  the  completion  of  the  foregoing 
compilation  as  possible,  the  same  to  be  called  by  the  board  of  directors 
of  the  International  Bureau  of  the  American  Republics. 

Third.  That  the  question  of  the  definite  meetings  of  future  con- 
gresses and  the  appointment  of  a  permanent  customs  commission  be 
referred  to  the  next  Congress. 

V. 

Whereas  the  second  Pan-American  conference  at  the  City  of  Mexico 
in  its  resolution  of  January  22,  1902,  Paragraph  II,  Letter  F,  recom- 
mends simplicity  and  uniformity  of  the  custom-house  regulations 
governing  merchandise  in  transit  through  the  territory  of  one  country 
when  destined  for  use  or  consumption  in  another  or  other  countries, 
observing  the  principles  of  free  commercial  transit  on  the  terrestrial 
and  fluvial  highways  of  the  nations  of  America,  without  collecting 
duties  or  charges  other  than  those  which  represent  a  just  compensation 
for  services  rendered,  but  subject  to  all  the  formalities  in  force  in  the 
country  which  grants  the  transit;  and 

Whereas  the  object  of  the  present  congress  being  the  adoption  of 
measures  to  facilitate  the  commercial  relations  of  the  American  Re- 
publics, including  the  free  transit  of  merchandise  as  one  of  these 
measures:  Therefore, 

Resolved^  That  the  principle  of  free  international  transit  of  merchan- 
dise through  the  territory  of  one  country  destined  for  use  or  consump- 
tion in  another  or  other  countries  by  terrestrial  or  fluvial  highways  of 
the  American  Republics  is  approved  by  the  customs  congress,  which 
recommends  to  the  Governments  of  the  American  Republics  the 
enactment  of  measures  to  make  effective  that  principle. 

VI. 

Resolved,  That  in  order  to  facilitate  the  prompt  dispatch  of  vessels 
the  customs  congress  of  the  American  Republics  recommends  to  the 
governments  represented  that  instructions  be  issued  to  collectors  of 
customs  to  authorize,  on  request,  the  preparation  of  outward  cargoes 
in  advance  of  the  arrival  of  the  vessel,  subject  to  necessary  customs 
regulations. 

VII. 

Resolved^  That  the  customs  congress  of  the  American  Republics 
recommends  to  the  governments  represented  that  instructions  be 
issued  to  permit  the  loading  and  unloading  of  vessels  during  the  night 
in  such  cases  as  conditions  may  allow,  and  in  the  discretion  of  the  duly 
constituted  authorities.  • 


FIEST    CUSTOMS    CONGRESS    OF   AMERICAN    REPUBLICS.  13 

VIII. 

Resolved^  That  the  customs  congress  of  the  American  Republics 
recommends  to  the  governments  represented  that  instructions  be  issued 
to  permit  the  loading  and  unloading  of  vessels  on  holidays,  Sundays 
included,  except  national  holidays. 

IX. 

Resolved^  That  the  customs  congress  of  the  American  Republics 
recommends  to  the  governments  represented  that  instructions  be 
issued  to  permit  the  simultaneous  loading  and  unloading  of  cargoes 
on  and  from  the  same  vessel. 

X. 

Whereas  the  first  customs  congress  of  the  American  Republics 
reports  that  the  general  practice  of  the  principal  maritime  nations  is 
to  employ  net  register  tonnage  as  the  basis  of  national  charges  on 
vessels,  as  distinguished  from  local  and  individual  charges,  and  that 
the  selection  of  net  tonnage  as  the  basis  appears  to  improve  the  condi- 
tions of  labor  at  sea  and  to  promote  more  rapid  communication 
between  different  countries:  Therefore, 

Resolved^  That  the  congress  recommends  to  the  Governments  of  the 
Republics  represented,  notwithstanding  the  recommendation  made  by 
the  second  international  conference  held  in  the  City  of  Mexico,  in 
January,  1902,  that  gross  tonnage  should  be  the  basis  of  shipping 
charges,  that  those  governments,  so  far  as  practicable,  adopt  net  reg- 
ister tonnage  as  the  basis  of  national  charges  on  vessels. 

XI. 

Resolved^  The  customs  congress  recommends  to  the  American  Repub- 
lics a  reform  in  their  custom-house  regulations  as  far  as  it  may  be 
necessary  to  attain  the  following  results: 

First.  To  give  the  utmost  facilities  to  foreign  goods  coming  into  the 
jurisdiction  of  the  country  to  which  they  are  intended  to  be  imported. 

Second.  To  simplify,  as  much  as  possible,  the  original  declarations 
that  have  to  be  made  in  the  place  of  manufacture,  especially  in  regard 
to  the  wording  of  consular  invoices,  and  to  have  those  documents  made 
as  simple  as  possible  in  order  to  save  the  shippers'  fines  or  responsi- 
bilities incurred  by  imperfect  declarations  while  made  without  any 
intention  of  fraud. 

Third.  To  facilitate  either  to  the  shippers  or  the  importers  the  rec- 
tification of  errors  or  differences  that  may  occur  in  the  shipper's  decla- 
rations without  being  liable  to  penalties. 

Fourth.  To  facilitate  international  traffic  of  foreign  merchandise 
through  different  countries,  simplifying  as  much  as  possible  the  cus- 
toms documentation  that  is  necessary  for  such  operation,  taking  at 
the  same  time  all  necessary  precautions  to  prevent  fraud.  Also  to 
allow  to  pass  without  paying  transit  taxes  the  goods  subject  to  such 
taxes  wherever  said  exemption  may  be  suitable  to  the  resources  and 
economical  conditions  of  the  country  they  are  going  through. 


14  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

The  congress  also  approved  the  following  recommendation  of  its 
committee  on  nomenclature: 

The  committee  voted  unanimously  in  favor  of  the  adoption  of  the  metric  system, 
believing  it  to  be  more  easily  adapted  to  general  use  and  that  its  adoption  would 
accomplish  economy  in  the  handling  of  commodities  internationally.  The  metric 
system  being  in  use  in  all  the  custom  houses  of  the  South  American  Republics  at 
present,  and  the  customs  service  of  the  United  States  annually  expending  large  sums 
for  the  translation  of  metric  equivalents  into  the  terms  of  weights  and  measures  now 
in  use  in  this  countrv,  the  committee  believes  that  the  common  adoption  of  the 
metric  system  would  be  of  great  advantage  in  a  practical  business  way  and  recom- 
mends that  this  Congress  earnestly  strive  to  accomplish  that  end. 

Made  and  signed  in  two  copies  written  in  the  English  and  Spanish 
languages  respectively,  which  shall  be  deposited  in  the  Department  of 
State  of  the  United  States,  so  that  certified  copies  thereof  may  be 
made  in  order  to  transmit  them  through  the  diplomatic  channel  to  each 
one  of  the  American  Republics. 

For  Bolivia J.  E.  Zalles. 

Geraedo  Zalles. 

For  Cuba Fidel  G.  Pierra. 

For  Ecuador A.  Baquerizo,  M. 

For  El  Salvador Rafael  S.  Lopez. 

F.  Mejia. 
For  Guatemala Jas.  E.  Davis. 

Julio  J.  Yela. 

Juan  J.  Ulloa. 

For  Honduras-  - . . . N.  Bolet  Peraza. 

For  Mexico J.  Arrangoiz. 

P.  M.  del  Paso. 
For  Nicaragua Luis  F.  Corea. 

A.  D.  Straus. 

For  Peru Alberto  Falc6n. 

For  the  United  States O.  L.  Spaulding. 

Robert  B.  Armstrong. 

Eugene  T.  Chamberlain. 

N.  N.  Stranahan. 

J.  J.  Couch. 

W.  R.  Grace. 

GusTAV  H.  Schwab. 

G.  W.  Whitehead. 
I.  F.  Fischer. 
William  H.  Lincoln. 
Kenneth  Barnhart. 

For  Uruguay Luis  A.  de  Herrera.  " 

For  Venezuela Augusto  F.  Pulido. 

«0n  signing  the  foregoing  resolutions  the  delegate  for  Uruguay  begs  to  state  that  his 
vote  was  unfavorable  to  the  measure  contained  in  article  2,  and  that,  with  reference 
to  article  5,  he  was  not  present  at  the  meeting  at  which  it  was  adopted. 


RESOLUTIONS  OF  THE  SECOND  INTERNATIONAL  CON- 
FERENCE OF  AMERICAN  STATES. 

CUSTOMS   CONGRESS. 

The  undersigned  delegates  of  the  Republics  represented  at  the  Sec- 
ond International  American  Conference,  duly  authorized  by  their  Gov- 
ernments, have  approved  the  following  resolution: 

The  Second  International  American  Conference  resolves: 

I.  That  within  one  year  from  the  date  of  the  closing  of  the  ses- 
sions of  the  American  International  Conference  there  shall  meet  in 
the  city  of  New  York,  United  States  of  America,  a  customs  congress, 
composed  of  one  or  more  delegates  appointed  by  each  government 
from  among  its  chief  customs  officers,  consuls,  presidents  or  members 
of  their  chambers  of  commerce,  prominent  merchants,  or  other  per- 
sons known  to  possess  technical  and  special  knowledge  in  all  customs 
matters. 

The  governing  board  of  the  International  Bureau  of  the  American 
Republics  shall  fix  the  date  for  the  assembling  of  the  customs  congress, 
which  shall  be  organized  as  it  may  decide,  with  the  assistance  or  coop- 
eration of  the  officials  of  said  international  bureau,  and  its  purpose 
and  object  shall  be  to  decide  and  pass  upon  all  propositions,  which  may 
be  presented  by  the  delegates  or  by  the  committees  which  may  be 
appointed,  in  respect  to  the  customs  service  of  each  country  and  the 
legitimate  collection  of  its  fiscal  dues.      / 

II.  The  matters  which  the  customs  congress  is  to  resolve  upon  are 
the  following: 

(A)  The  uniformity  of  regulations  for  the  entry,  dispatch,  and  clear- 
ance of  the  vessels  engaged  in  international  commerce. 

(B)  The  uniformity  and  simplification  of  customs  formalities  with 
regard  to  the  manifests  of  vessels,  wording  of  the  same,  and  facts  to 
be  contained  in  the  consular  invoices  and  declarations  to  the  custom- 
houses. 

( C)  The  simplification  and  uniformity  of  custom-house  formalities  in 
the  clearance  of  merchandise  and  baggage. 

{D)  Adequate  means  for  establishing  a  common  nomenclature  of 
products  and  merchandise  of  the  American  Republics  in  English, 
Spanish,  Portuguese,  and  French. 

1.  In  order  that  it  may  become  the  basis  for  the  statistical  data 
of  imports  and  exports  in  conformity  with  uniform  models  and  with- 
out interfering  with  the  regulations  which  each  country  may  have 
adopted  for  its  own  statistics;  and 

2.  In  order  that  with  greater  details  and  specifications  it  may  be 
adopted  in  the  tariff  schedules  and  in  the  other  customs  laws  of  said 

15 


16  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

countries,  and  that  it  may  become  the  basis  for  the  collection  of  the 
dues  which  each  one  of  them  may  have  established. 

{E)  Adoption  of  a  simple  and  uniform  system  for  declarations,  and 
the  custom-house  dispatch  of  samples  and  merchandise  forwarded  in 
postal  mckages  or  parcels. 

{F)  To  simplify  and  make  uniform  the  custom-house  formalities  to 
which  shall  be  subjected  all  merchandise  or  goods  crossing  only  the- 
territory  of  one  country  and  destined  for  use  or  consumption  in 
another  or  others,  thus  respecting  the  principle  of  free  commercial 
transit  on  terrestial  or  fluvial  highways  of  the  nations  of  America, 
without  collecting  duties  or  charges  other  than  those  which  may  repre- 
sent the  just  compensation  for  services  rendered. 

( G)  The  advisability  of  determining  definite  periods  for  the  assem- 
bling of  future  customs  congresses. 

{S)  To  deal  with  any  other  matters  germane  to  those  herein  men- 
tioned or  which  may  be  considered  in  a  general  way  by  the  customs 
congress  as  useful  or  proper  to  aid  in  the  development  of  mercantile 
traffic. 

(7)  The  organization  of  a  permanent  customs  commission,  composed 
of  individuals  possessing  technical  and  expert  knowledge  and  which, 
as  a  branch  of  the  International  Bureau  of  the  American  Republics  or  in 
any  other  form  which  the  said  congress  may  deem  proper,  shall  be 
charged  principally  with  the  execution  of  the  resolutions  which  it  may 
have  adopted  with  the  comparison  and  study  of  custom  and  tariff  laws 
of  the  nations  of  America,  in  order  to  suggest  to  the  respective  gov- 
ernments the  promulgation  of  laws  and  mea£ures  which,  with  regard 
to  custom-house  formalities,  may  tend  to  simplify  and  to  facilitate 
mercantile  traffic. 

III.  That  in  order  to  render  useful  and  complete  the  study  at  the 
hands  of  the  customs  congress  of  the  question  referred  to  in  Para- 
graph D  of  the  preceding  resolution,  each  one  of  the  governments  of 
the  American  Republics  shall  cause  to  be  studied,  by  the  chief  admin- 
istrative officials  of  custom-houses,  the  nomenclature  or  vocabulary 
formed  by  the  international  bureau  of  said  Republics,  and  that  the 
governments  shall  send  as  rapidly  as  possible  to  the  governing  board 
of  said  bureau  their  remarks  of  the  corrections  which  they  may  have 
thought  proper  to  suggest  in  the  said  vocabulary. 

Said  international  bureau  shall  present  to  the  customs  congress,  in 
the  simplest  and  most  complete  form  possible,  the  suggestions  made  by 
the  governments,  and,  in  addition,  a  French  translation  of  the  nomen- 
clature already  published. 

IV.  The  ratification  of  the  present  resolution  by  the  Govern- 
ments of  the  American  Republics  which  may  think  proper  to  take 
such  action  shall  be  communicated  to  the  governing  board  of  the  inter- 
national bureau  of  said  Republics  within  six  months  from  the  closing 
of  the  conference. 

Made  and  signed  at  the  City  of  Mexico  on  the  22d  day  of  the  month 
of  January,  1902,  in  three  copies,  written  in  the  Spanisn,  English,  and 
French  languages,  respectively,  which  shall  be  deposited  in  the  depart- 
ment of  foreign  relations  of  the  government  of  the  Mexican  United 
States,  so  that  certified  copies  thereof  may  be  made,  in  order  to  trans- 
mit them  through  the  diplomatic  channel  to  each  one  of  the  signatory 
States. 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  17 

For  the  Argentine  Republic Antonio  Bermejo. 

Lorenzo  Anadon. 

For  Bolivia Fernando  E.  Guachalla. 

For  Colombia Rafael  Reyes. 

For  Costa  Rica J.  B.  Calvo. 

For  Chile  - .  _ Augusto  Matte. 

JoAQ.  Walker,  M. 

Emilio  Bello,  C. 
For  the  Dominican  Republic Fed.  Henriqueiz  Carvajal. 

L.  F.  Carbo. 

QuiNTiN  Gutierrez. 

For  Ecuador.- L.  F.  Carbo. 

For  El  Salvador .Francisco  A.  Reyes. 

Baltasar  Estupinian. 
For  the  United  States  of  America. .  W.  I.  Buchanan. 

Charles  M.  Pepper. 

VoLNEY  W.  Foster. 

For  Guatemala Francisco  Orla. 

For  Haiti J.  N.  L^ger. 

For  Honduras J.  Leonard. 

F.  Davila. 
For  Mexico _ G.  Raigosa. 

JOAQUfN   D.  CaSASUS. 

E.  Pardo,  Jr. 

Jose  Lopez  Portillo  y  Rojas. 
Pablo  Macedo. 

F.  L.  DE  LA  Barra. 
Alfredo  Chavero. 
M.  Sanchez  Marmol. 
RosENDO  Pineda. 

For  Nicaragua F.  DIvila. 

For  Paraguay Cecilio  BaeZ*. 

For  Peru .  _  -Manuel  Alvarez  Calder6n. 

Alberto  Elmore. 
For  Uruguay Juan  Cuestas. 


MEASURES   TENDING   TO   FACILITATE   INTERNATIONAL   COMMERCE. 

The  undersigned  delegates  of  the  Republics  represented  in  the  Sec- 
ond International  American  Conference,  duly  authorized  by  their  Gov- 
ernments, have  approved  the  following  resolution: 

The  Second  International  American  Conference  resolves: 

The  customs  congress,  which  is  to  meet  in  New  York,  United  States 
of  America,  in  accordance  with  the  resolutions  of  this  conference, 
adopted  in  its  session  of  the  27th  of  December,  1901,  in  the  course  of 
its  labors  shall  investigate  the  following  subjects: 

(a)  The  simplification  of  charges  collected  from  merchant  vessels, 
limiting  them  to  that  of  tonnage  only,  which  shall  be  collected  in  an 
equitable  manner  from  the  vessels  which  may  bring  cargo  and  from 
those  in  ballast. 

(h)  Uniformity  in  the  collection  of  the  charges  to  which  the  forego- 
ing article  refers,  taking  as  a  basis  the  gross  tonnage  of  the  vessels. 

S.  Doc.  180 2 


18  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

(c)  The  advisability  tliat  all  the  Governments  of  the  Republics  of 
America  should  enact  laws,  ordinances,  or  port  regulations  facilitating 
the  entry  and  clearance  of  vessels  with  the  greatest  possible  dispatch. 

(d)  Measures  tending  to  facilitate  the  loading  and  unloading  of  vessels. 

(e)  Adoption  of  a  maritime  and  administrative  nomenclature  for  the 
custom-houses,  in  which  all  articles  upon  which  duties  are  charged  at 
present,  or  upon  which  they  may  be  charged  in  the  future,  shall  be 
enumerated  in  alphabetical  order,  and  in  equivalent  terms,  in  English, 
Spanish,  Portuguese,  and  French,  in  order  that  this  nomenclature  may 
be  used  in  manifests,  consular  invoices,  entries,  permits,  and  other 
custom-house  documents. 

The  customs  congress  shall  submit  the  result  of  its  labors  relating 
to  the  subjects  mentioned  in  this  report  to  the  Republics  of  America. 

Made  and  signed  in  the  City  of  Mexico  on  the  29th  day  of  the  month 
of  January,  1902,  in  three  copies,  in  Spanish,  English,  and  French, 
respectively,  which  shall  be  deposited  in  the  department  of  foreign 
relations  of  the  Government  of  the  United  States  of  Mexico  in  order 
that  certified  copies  thereof  be  made,  to  be  forwarded  through  diplo- 
matic agency  to  each  one  of  the  signatory  States. 

For  the  Argentine  Republic Antonio  Bermejo. 

Lorenzo  Anadon. 

For  Bolivia .  _  _  -Fernando  E.  Guachalla. 

For  Colombia Rafael  Reyes. 

For  Costa  Rica J.  B.  Calvo. 

For  Chile Augusto  Matte. 

JoAQ.  Walker  M. 

Emilio  Bello  C. 
For  the  Dominican  Republic Fed.  Henriquez  i  Carvajal. 

L.  F.  Carbo. 

QUINTIN   GUTIl^RREZ. 

For  Ecuador . L.  F.  Carbo. 

For  El  Salvador Francisco  A.  Reyes. 

Baltasar  Estupinian. 
For  the  United  Statesof  America.  .W.  I.  Buchanan. 

Charles  M.  Pepper. 

VoLNEY  W.  Foster. 

For  Guatemala Francisco  Orla. 

For  Haiti  (under   reservation  of 

paragraphs  A  and  B) J.  N.  L^ger. 

For  Honduras.   J.Leonard. 

F.  Davila. 
For  Mexico G.  Raigosa. 

Joaquin  D.  Casasus. 

E.  Pardo,  Jr. 

Jose  Lopez-Portillo  y  Rojas.    • 
Pablo  Macedo. 

F.  L.  DE  LA  Barra. 
Alfredo  Chavero. 
M.  Sanchez  Marmol. 
RosENDO  Pineda. 

For  Nicaragua F.  Davila. 

For  Paraguay Cecilio  Baez. 

For  Peru Manuel  Alvarez  Calderon. 

Alberto  Elmore. 
For  Uruguay Juan  Cuestas. 


JOURNAL  OF  PROCEEDINGS  OF  THE  FIRST  CUSTOMS  CONGRESS 
OF  AMERICAN  REPUBLICS,  HELD  AT  THE  CITY  HALL,  NEW 
YORK. 


First  session Thursday,  January  15,  1903. 

Second  session Saturday,  January  17,  1903. 

Third  session Monday,  January  19,  1903. 

Fourth  session Tuesday,  January  20,  1903. 

Fifth  session Thursday,  January  22,  1903. 

ATTENDANCE. 

Argentine  Bepvhlic — Sr.  Dr.  Don  Ramon  j^lvarez  de  Toledo. 

Bolivia — Sr.  Don  Jorge  E.  Zalles,  Sr.  Don  Gerardo  Zalles. 

Cuba — Sr.  Don  Fidel  G.  Pierra. 

Ecuador — Sr.  Don.  A.  Baquerizo. 

El  Salvador — Sr.  Don  Rafael  S.  Lopez,  Sr.  Don  Federico  Mejia. 

Guatemala — Sr.  Don  James  E.  Davis,  Sr.  Don  Julio  J.  Yela,  Sr. 
Don  Juan  F.  UUoa. 

Honduras — Sr.  Don  N.  Bolet  Peraza. 

Mexico — Sr.  Don  Javier  Arrangoiz,  Sr.  Don  Pedro  M.  del  Paso. 

Nicaragua — Sr.  Don  Luis  F.  Corea,  Sr.  Don  A.  D.  Straus. 

Peru — Sr.  Don  Alberto  Falcon. 

United  States — Hon.  William  R.  Grace,  Hon.  O.  L.  Spaulding,  Hon. 
Israel  F.  Fischer,  Mr.  N.  N.  Stranahan,  Mr.  William  H.  Lincoln,  Mr. 
George  W.  Whitehead,  Mr.  Robert  B.  Armstrong,  Mr.  E.  T.  Cham- 
berlain, Mr.  Joseph  J.  Couch,  Mr.  Kenneth  Barnhart,  Mr.  Gustav  H, 
Schwab. 

Uruguay — Sr.  Don  Luis  Alberto  de  Herrera. 

Veneziiela — Sr.  Don  Augusto  F.  Pulido. 

The  preliminary  meeting  of  the  First  Customs  Congress  of  the 
American  Republics  was  called  to  order  in  the  aldermanic  chamber, 
City  Hall,  New  York,  on  January  15, 1903,  at  12.30  p.  m.,  by  the  Hon. 
O.  L.  Spaulding,  Assistant  Secretary  of  the  Treasury  of  the  United 
States.  On  motion  the  following  temporary  officers  were  chosen: 
Chairman,  Hon.  W.  R.  Grace,  of  New  York;  secretary,  E.  T.  Cham- 
berlain, Commissioner  of  Navigation  of  the  United  States. 

The  following  memorandum  of  the  committee  appointed  by  the  gov- 
erning board  of  the  Union  of  the  American  Republics  to  prepare  the 
work  of  the  customs  congress  was  read: 

Committee  appointed  by  the  governing  board  of  the  Union  of  the  American 
Kepublics,  to  prepare  the  work  of  the  customs  conference:  Sefior  Don  Manuel  de 
Azpfroz,  ambassador  of  Mexico;  Sefior  Don  Joaquin  B.  Calvo,  minister  of  Costa 
Kica;  Sefior  Don  Manuel  Alvarez  Calderon,  minister  of  Peru;  Mr.  J.  N.  Leger,  min- 
ister of  Haiti;  Seilor  Don  Augusto  F.  Pulido,  charge  d'affaires  of  Venezuela. 

A  meeting  of  the  committee  appointed  to  prepare  the  work  of  the  customs  confer- 
ence was  held  at  the  Mexican  embassy  on  the  afternoon  of  Saturday,  December  20, 
1902. 

19 


20  FIRST   CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

The  following  were  present:  Seiior  Don  Manuel  de  Azpfroz,  ambassador  of  Mexico; 
Sefior  Don  Joaqufn  B.  Calvo,  minister  of  Costa  Rica;  Sefior  Don  Manuel  Alvarez  Cal- 
der6n,  minister  of  Peru;  Mr.  J.  N.  L^ger,  minister  of  Haiti;  Sefior  Don  Augusto  F. 
Pulido,  charg6  d'affaires  of  Venezuela. 

Article  I.  Having  in  consideration  that  some  of  the  delegates  to  the  customs  con- 
ference are  at  the  head  of  the  diplomatic  missions,  and  the  announcement  having 
been  given  that  the  15th  of  January  is  the  date  fixed  for  the  President's  dinner  to 
the  Diplomatic  Corps,  it  was  agreed  to  recommend  to  the  governing  board  of  the 
Union  of  the  American  Republics  that  the  formal  meeting  of  said  customs  conference 
be  changed  to  the  17th  of  January,  1903. 

Art.  II.  The  resolutions  passed  at  the  second  Pan-American  conference,  held  in 
the  City  of  Mexico  January  22  and  29,  1902,  having  been  read,  their  contents  were 
carefully  considered. 

Art.  III.  The  proposed  programme  submitted  by  the  Hon.  E.  T.  Chamberlain,  a 
delegate  appointed  by  the  Government  of  the  United  States  to  the  customs  confer- 
ence, was  read,  and  after  a  brief  discussion  the  committee  was  of  the  opinion : 

First.^  That  His  Excellency  the  Secretary  of  the  Treasury  be  requested  to  preside 
and  deliver  the  address  of  welcome  to  the  foreign  delegates  in  the  inaugural  meeting 
in  the  city  of  New  York  at  the  place  that  may  be  designated  January  17,  1903,  at  11 
a.  m. 

Second.  That  one  of  the  foreign  delegates,  to  be  selected  at  the  first  opportunity, 
be  requested  to  answer  the  address  of  welcome  in  the  name  of  his  colleagues. 

Third.  That  the  usual' formalities  of  organization  shall  follow  and  a  committee  on 
rules  shall  be  appointed  by  the  president-elect,  said  rules  to  contain  the  number  and 
denomination  of  the  committees  among  which  the  work  shall  be  divided,  according 
to  the  provisions  of  the  above-mentioned  resolutions  of  January  22  and  29,  1903,  of 
the  second  Pan-American  conference. 

Art.  IV.  The  committees  were  also  of  the  opinion  that  the  International  Bureau  of 
the  American  Republics  shall  engross  the  programme  of  said  customs  conference 
according  to  the  preceding  articles,  completing  it  as  it  may  be  necessary,  and  to 
have  it  printed  in  time  opportune  to  be  distributed  among  the  delegates. 

M.  DE  AZPIROZ. 

J.  B.  Calvo. 

Manuel  Alvarez  Calder6n. 

J.  N.  Leger. 

Augusto  F.  Pulido. 

Conformably  with  the  instructions  in  the  memorandum  above,  the 
presentation  of  credentials  and  the  call  of  the  roll  of  delegates  were 
deferred,  and  the  congress  adjourned  to  Saturday,  January  17,  at 
11  a.  m. 

E.  T.  Chamberlain, 
Temporary  Secretary, 


Aldermanic  Chamber,  City  Hall, 

New  Yorh^  January  17,  1903. 

The  second  session  of  the  customs  congress  of  the  American  Repub- 
lics convened  at  12  o'clock  noon  Saturday,  January  17,  1903. 

Hon.  W.  R.  Grace,  temporarj^  chairman,  called  the  congress  to 
order  and  introduced  Hon.  Seth  Low,  mayor  of  the  city  of  New  York, 
who  addressed  the  congress  as  follows: 

Mr.  Chairman,  Secretary  Shaw,  and  Gentlemen  of  the  Congress: 
On  behalf  of  the  city  of  New  York  it  gives  me  pleasure  to  welcome  this  distin- 
guished body  to  our  maritime  and  commercial  city.  The  subject  that  calls  this  con- 
gress together  would  insure  for  it  earnest  attention  in  such  an  atmosphere  under  any 
circumstances;  but  the  fact  that  the  congress  is  composed  of  our  friends  and  neigh- 
bors of  the  American  continents  makes  it  doubly  welcome  here.  It  is  a  true  instinct, 
I  am  sure,  that  draws  the  Republics  of  the  two  Americas  into  friendly  relations;  and 
it  is  j)articularly  pleasing  to  the  people  of  New  York  that  you  should  have  chosen 
this  city  as  the  place  for  your  deliberations.  Like  every  seaport  in  the  world,  the 
city  of  New  York  looks  out  across  the  seas  as  well  as  inland  over  the  hills  and 
valleys  that  give  to  it  commercial  significance.  Something  of  the  world  spirit  is  thus 
brought  to  us  upon  the  wings  of  every  breeze.    It  is,  therefore,  with  a  feeling  akin 


FIRST    CUSTOMS    CONGEESS    OF    AMERICAN   REPUBLICS.  21 

to  brotherhood  that  we  of  New  York  Avelcome  you  who  come  to  us  from  other 
climes  and  other  portions  of  the  continent,  for  you  and  we  are  united,  not  separated, 
by  the  ocean,  that  great  highway  of  the  nations. 

Everything  that  makes  for  the  ease  and  advantage  of  commercial  intercourse 
between  our  country  and  yours  we  hail  with  a  satisfaction  born  of  the  very  instinct 
of  commerce,  for  foreign  commerce  is  as  natural  to  New  York  as  flight  to  a  bird.  It 
is  a  part  of  our  life. 

I  welcome  this  congress,  therefore,  to  its  deliberations  with  a  heartiness  bom  of 
genuine  interest  in  your  action.  I  trust  that  your  efforts  may  result  in  binding 
together  in  still  closer  bonds  of  commercial  and  fraternal  interest  all  of  the  American 
Republics  by  facilitating  ease  of  commercial  intercourse  between  us  all. 

If  I  can  add  anything  to  the  comfort  or  convenience  of  the  congress  while  it  is  in 
session  or  to  the  pleasure  of  any  of  its  members  while  they  are  here,  I  hope  you  will 
give  me  the  opportunity  to  do  so. 

Gentlemen,  I  wish  you  a  most  successful  meeting. 

The  chairman  then  introduced  Hon.  Leslie  M.  Shaw,  Secretary  of 
the  Treasury  of  the  United  States,  who  spoke  as  follows: 

Mr.  Chairman,  Mr.  Mayor,  and  Members  of  the  Customs  Congress  of  the  Ameri- 
can Republics: 

It  is  not  in  my  province  at  this  hour  to  enter  upon  an  extended  discussion  of  all  or 
any  one  of  the  many  interesting  and  important  questions  that  may  properly  come 
before  this  customs  congress.  It  is  mine  simply  to  give  formal  expression  to  what 
you  must  have  already  discovered,  that  the  people  of  the  United  States  welcome  with 
greatest  cordiality  the  distinguished  representatives  of  the  American  Republics  of 
which  this  congress  is  composed. 

The  errand  which  brings  you  is  well  calculated  to  strengthen  the  bonds  of  friendship 
which  so  naturally  unite  us.  American  Republics  have  much  in  common,  little  in 
competition,  and  seldom  anything  in  dispute.  I  can  not  well  understand  how  any 
unfortunate  complications  can  arise  to  interfere  with  these  relations,  but  I  do  appre- 
ciate how,  in  the  coming  years,  these  relations  may  and  ought  to  become  more  cordial 
and  how  each  may  be  benefited  by  the  interchange  of  thought  and  literature  and 
commerce.  International  visits  like  this  and  the  free  exchange  of  ideas  ought  to  and 
will  redound  to  the  end  I  have  indicated  and  which,  I  doubt  not,  is  universally 
desired. 

Levying  import  duties  is  not  a  modem  method  of  raising  revenues,  nor  is  it  con- 
fined to  American  Republics.  It  is  fitting,  however,  that  representatives  of  these 
Republics  should  annually  confer  and  advise  with  each  other  on  all  subjects  relating 
to  customs  service. 

I  do  not  understand  it  to  be  the  province  of  this  congress  to  discuss  the  merits  of 
tariff  schedules  or  the  relative  wisdom  of  a  tariff  for  revenue  and  a  tariff  for  protec- 
tion. These  questions  constitute  appropriate  political  issues  and  afford  fruitful  sub- 
jects for  legislative  consideration. 

This  congress  is  called  in  the  interest  of  the  administration  of  customs  laws  as  they 
exist  in  the  several  Republics.  That  no  unnecessary  time  may  be  consumed  in  pre- 
liminaries a  programme  well  calculated  to  facilitate  your  deliberations  has  been  pre- 
pared by  a  committee  appointed  at  an  international  conference  which  convened  in 
Mexico  one  year  ago. 

The  administration  of  customs  laws  is  perhaps  as  complicated  as  anything  con- 
nected with  the  administrative  branch  of  government.  It  covers  a  wide  range  of 
subjects.  From  the  time  a  ship  from  a  foreign  port  enters  domestic  waters  until 
clearance  papers  are  issued  both  the  vessel  and  its  cargo  are  subject  to  the  jurisdic- 
tion, the  supervision,  the  inspection,  and  the  mandate  of  customs  oflBcials.  What 
shall  be  the  requirements  of  manifests  incident  to  entry  and  necessary  to  clearance, 
in  what  manner  and  during  what  hours  cargoes  may  be  discharged  and  received,  the 
condition  of  wharves  where  the  passengers  and  cargoes  are  discharged  and  received, 
the  treatment  of  passengers,  the  inspection  of  baggage,  the  classification  of  merchan- 
dise, the  appraisement  of  goods,  warehousing,  withdrawals  for  consumption,  with- 
drawals for  export,  the  liquidation  of  bonds,  the  allowance  of  drawbacks,  the  dis- 
covery and  prosecution  of  frauds  are  but  a  few  of  the  many  questions  with  which 
customs  ofl&cials  have  to  deal,  and  they  constitute  therefore  appropriate  subjects  for 
consideration  by  this  body. 

I  desire  to  emphasize  the  importance  of  one  or  two  of  these  subjects.  It  has 
always  been  the  policy  of  the  United  States,  and  it  is  also  the  law  as  again  and  again 
announced  by  our  courts,  to  resolve  reasonable  doubts  in  favor  of  the  importer. 
I  assume  that  the  same  rule  prevails  in  all  countries.  In  other  words,  however 
much  individuals  may  differ  on  the  strict  construction  of  constitutional  provisions 


22  FIEST    CUSTOMS    CONGBESS    OF   AMEBIC  AN   BEPUBLICS. 

and  legislative  enactments,  all  agree  that  in  administering  customs  laws  a  liberal 
interpretation  is  not  only  permissible,  but  well-nigh  imperative.  This  rule  should 
apply,  I  think,  with  especial  force  with  reference  to  drawbacks.  The  whole  draw- 
back scheme  has  been  worked  out  in  the  interest  of  the  exporter.  Any  country  can 
afford  to  be  liberal,  I  think,  with  those  who  find  a  foreign  market  for  the  produce  of 
domestic  labor.  There  are  always  three  prerequisites  to  the  allowance  of  a  refund 
of  customs  duties:  First,  the  actual  payment  into  the  Treasury  of  the  amount  sought 
to  be  withdrawn;  second,  the  employment  of  domestic  labor  in  bringing  the  imported 
material  to  an  advanced  state  of  perfection;  third,  the  discovery  of  a  foreign  market 
for  the  article  in  its  improved  condition  and  the  actual  exportation  of  the  finished 
product.  People  may  differ  upon  the  proposition  whether  the  tariff  is  or  is  not  a 
tax  upon  the  domestic  consumer,  but  all  concede  that  it  is  a  burden  upon  the  exporter 
of  manufactures  from  imported  material.  When  it  is  once  conceded,  therefore,  that 
the  Government  does  not  desire  to  profit  at  the  expense  of  its  export  trade,  then  the 
customs  officials  are  justified  in  construing  drawback  laws  as  liberally  as  their  lan- 
guage will  permit,  and  legislators,  I  think,  are  justified  in  liberalizing  these  draw- 
back laws  as  far  as  possible. 

Another  subject  to  which  I  desire  to  call  special  attention  is  that  of  appraisement. 
Ad  valorem  duties  are  ordinarily  levied  at  the  market  value  of  the  articles  in  the 
country  whence  imported.  In  many  instances  this  market  value  is  difficult  of  ascer- 
tainment. There  are  many  articles  of  merchandise  that  have  no  market  value  abroad 
for  the  reason  that  they  are  produced  exclusively  for  the  export  trade.  These  are 
usually  imported  by  the  manufacturer  and  are  sold,  duty  paid.  A  large  percentage 
of  the  frauds  upon  the  customs  revenues  of  a  country  are  committed  on  consigned 
goods,  and  it  has  always  seemed  to  me  that  the  fact  that  goods  are  purchasable  only 
in  the  domestic  market  raises  a  strong  presumption  that  they  are  being  undervalued. 
This  practice  not  only  drives  the  domestic  importer  out  of  business,  but  it  prejudices 
the  domestic  manufacturer  who  produces  competing  goods. 

Another  difficulty  in  the  way  of  the  appraiser  arises  from  the  fact  that  nearly  all 
foreign  goods  can  be  purchased  for  export  cheaper  than  for  domestic  consumption. 
Instances  of  this  kinds  are  of  daily  occurence,  and  they  cover  a  large  range  of  articles. 
The  fact  that  goods  are  sold  for  export  cheaper  than  for  the  domestic  market  fre- 
quently works  a  great  hardship  upon  the  importer.  He  purchases  abroad,  and,  pre- 
suming that  he  has  paid  the  ordinary  foreign  market  price,  invoices  at  the  price  he 
has  paid,  but  frequently  finds  himself  subjected  to  an  advance  of  from  10  to  75  per 
cent,  with  statutory  penalties  and  no  relief. 

I  do  not  mention  this  subject  in  criticism  of  the  well-nigh  universal  European 
practice  of  selling  goods  abroad  cheaper  than  at  home.  I  refer  to  it  only  as  affording 
one  of  the  difficulties  in  the  administration  of  customs  laws  when  it  is  sought  both 
to  protect  the  revenues,  and  also  to  protect  the  domestic  competitive  producer,  and 
at  the  same  time  avoid  unduly  punishing  an  importer  who  has  invoiced  his  goods  at 
the  actual  price  he  has  paid. 

But  I  must  not  unduly  detain  you  in  enumerating  difficulties  familiar  to  you  all, 
and  which  are  inherent.  I  hope  you  will  pardon  the  suggestion,  which  may  not  be 
wholly  germane  to  a  customs  congress,  that  in  my  judgment  the  commerce  between 
the  countries  here  represented  might  be  very  largely  increased,  and  to  our  mutual 
advantage. 

The  United  States  imports  $1,000,000  per  day  of  tropical  and  semi  tropical  products. 
This  trade  constitutes  a  valuable  prize  for  which  our  sister  Republics  may  laudably 
compete.  The  countries  entitled  to  representation  in  this  conference  annually  import 
nearly  $500,000,000,  largely  food  products  and  manufactures.  For  this  prize  the 
country  I  represent  should  compete  with  more  earnestness  than  it  at  present 
manifests. 

The  means  of  intercommunication  are  very  unsatisfactory.  To  what  extent  they 
will  be  improved  in  the  near  future  no  one  can  predict,  but  that  they  can  be  materi- 
ally improved,  and  with  very  moderate  expense  to  any  of  the  countries  represented, 
must  be  apparent  to  every  thinking  person. 

You  will  pardon  the  hope  which  I  venture  to  express,  that  the  time  will  come,  and 
perhaps  sooner  than  we  dream — for  commerce  is  the  great  leveler  as  well  as  the 
great  civilizer  and  great  educator — when  the  peoples  represented  here  will  be  speak- 
ing a  common  language,  and  if  so,  then  that  language  will  be  the  most  convenient 
language  of  commerce;  when  these  peoples  will  have  uniform  standards  of  weights 
and  measures,  but  if  these  standards  shall  ever  be  unified  the  choice  must  be  made 
of  those  most  convenient  to  commerce;  when  standards  of  value  and  denominations 
of  money  shall  be  uniform  and  internationally  interchangeable,  but  if  this  is  to  be 
realized  the  adopted  standard  must  be  the  best  and  the  denominations  the  most  con- 
venient; when  standards  of  wages  shall  be  measurably  uniform,  but  if  this  shall  ever 
be  accomplished,  then  that  standard  must  be  the  highest.  There  is  no  greater  bless- 
ing to  any  people  than  high-priced  labor.     The  commercial  importance  of  a  country 


FIEST    CUSTOMS    CONGEESS    OF    AMERICAN   REPUBLICS.  23 

is  measured  by  the  consumptive  capacity  of  its  people,  and  annual  income  is  the  test 
of  consumptive  capacity,  and  annual  income  is  determined  by  the  standard  of  wages. 
Therefore,  in  the  hope  that  the  acquaintances  formed  here,  the  interchange  of  ideas 
indulged  here,  the  hopes  and  aspirations  that  may  be  inspired  may  tend  at  least  in 
some  degree  to  the  betterment  of  the  conditions  of  all  the  people  represented,  I  again 
assure  you,  gentlemen,  that  you  are  very  welcome. 

Gen.  N.  Bolet  Peraza,  delegate  for  Honduras,  then  replied  to  the 
addresses  of  welcome  of  the  honorable  mayor  and  the  Secretary  of  the 
Treasury  in  the  following  words: 
Honorable  Secretary  of  the  Treasury,  Mr.  Chairman,  Delegates: 

It  is  indeed  a  great  honor,  that  which  has  been  conferred  on  me  by  my  colleagues, 
choosing  me  to  respond  to  the  address  just  delivered  by  the  honorable  Secretary  of 
the  Treasury,  whose  presence  and  words  have  added  even  more  importance  and 
solemnity  to  the  opening  session  of  this  congress. 

I  have  in  vain  endeavored  to  find  out  the  reason  that  induced  my  colleagues  to 
intrust  me  with  such  an  exalted  commission,  for  which  any  other  delegate  would 
have  been  better  fitted  than  myself;  and  the  only  motive  that  I  can  accept  as  reason- 
able for  this  act  of  preference  is  that  the  present  congress,  being  a  Pan-American 
congress,  wishes  to  pay  a  tribute  of  remembrance  to  the  first  Pan-American  con- 
ference which  met  at  Washington  thirteen  years  ago,  presided  over  by  that  illustrious 
American,  James  G.  Blaine;  that  initial  assembly  of  the  representatives  of  the  sister 
Republics  that  laid  the  foundation  for  all  the  good  feelings,  all  the  good  works,  and 
all  the  hopes  that  since  then  have  brought  about  the  several  successive  meetings  of 
the  American  family  and  the  same  which  brings  us  to-day  here  to  shake  hands  and 
work  in  harmony  for  our  common  welfare. 

The  circumstance  of  my  being  the  only  delegate  to  the  present  congress  who  was 
also  a  delegate  to  that  historical  Pan-American  conference  suggests  to  me  the  sole 
explanation  for  the  unexpected  privilege  of  addressing  you  at  this  moment. 

And  it  is  very  gratifying  to  find,  as  I  have  found,  in  the  words  of  the  Hon.  Mr. 
Shaw,  the  same  spirit  of  fraternity,  the  same  tone  of  familiar  intimacy  which  charac- 
terized the  words  of  Mr.  Blaine  at  the  opening  of  the  first  Pan-American  congress; 
a  spirit  and  a  tone  that  are  significant  of  the  fact  that  a  new  principle  is  crystallizing 
in  America;  that  a  new  bond  has  been  formed  among  the  free  and  sovereign  nations 
of  the  New  World;  a  wiser  and  broader  principle  than  the  old  idea  of  international 
treaties;  a  stronger  and  more  rational  bond  than  even  the  ties  of  consanguinity, 
because  there  is  no  friendship  so  powerful,  no  kinship  so  binding,  as  that  which 
comes  from  a  high  and  far-reaching  idea;  and  it  is  now  evident  that  America  is  a 
New  World  in  the  broadest  and  most  ample  sense  of  the  word;  new,  not  only  because 
it  was  discovered  late  after  other  parts  of  the  globe,  but  because  its  ideas  are  modern 
and  because  the  tendencies  of  its  progress  are  toward  an  ideal  of  peace,  liberty,  and 
fraternity,  a  new  basis  for  the  intercourse  of  communities  and  of  individuals  in  the 
future;  ideas  which  in  themselves  discredit  and  condemn  conquest,  tyranny,  and 
selfishness. 

The  scope  of  the  present  congress  is  limited  to  the  exclusive  interests  of  commerce, 
but  although  our  work  will  be  somewhat  dry  and  technical,  from  every  point  of 
view,  the  meetings  will  be  pleasant  and  enjoyable.  I  know  from  experience  that  at 
the  end  of  every  one  of  these  Pan-American  gatherings  we  always  part  knowing 
each  other  better,  feeling  that  we  have  extinguished  from  our  minds  many  embar- 
rassing prejudices,  and  believing  that  when  those  prejudices  do  not  hamper  our  clear 
judgment  every  difiiculty  seems  surmountable,  every  problem  seems  easy  to  solve, 
every  clashing  interest  seems  to  bear  along  with  it  its  proper  compensation,  and  then 
the  idea  of  American  fraternity  emerges  as  a  possibility,  as  a  necessity,  not  only  for 
the  good  of  the  American  nations,  but  also  for  the  good  of  humanity  and  civilization 
at  large. 

On  behalf  of  my  colleagues,  and  in  my  own  name,  allow  me  to  express  the  sin- 
cerest  thanks  to  the  honorable  Secretary  of  the  Treasury,  Mr.  Shaw,  for  his  heartfelt 
greetings  on  this  occasion,  and  for  the  cordial  welcome  extended  to  us  by  the  United 
States,  and  for  the  feeling  of  sincere  regard  from  its  Government  which  he  so  cour- 
teously conveys  to  all  the  countries  here  represented;  and  we  beg  Mr.  Shaw  to  take 
with  him  to  Washington  the  assurance  of  our  best  wishes  for  the  prosperity  and 
happiness  of  this  great  Republic. 

A  motion  was  made  and  adopted,  requesting  the  temporary  chair- 
man to  appoint  a  committee  of  five  delegates  to  formulate  rules  and 
procedure  for  the  organization  of  the  congress. 


24  FIRST   CUSTOMS    C0NGBES8    OF    AMERICAN   REPUBLICS. 

The  Chair  appointed  as  said  committee  Senor  Don  Luis  F.  Corea, 
Nicaragua;  Senor  Don  Augusto  F.  Pulido,  Venezuela;  Mr.  Kenneth 
Barnhart,  United  States;  Senor  Don  Rafael  S.  Lopez,  El  Salvador; 
Hon.  O.  L.  Spaulding,  United  States. 

On  motion,  a  recess  was  taken  to  enable  this  committee  to  confer 
and  report  to  the  congress. 
This  committee  reported  as  follows: 

New  York,  January  17,  1903. 
The  undersigned  committee  on  rules  have  the  honor  to  report  to  the  honorable 
president  of  the  congress: 

First,  that  they  have  decided  that  the  congress  be  organized  by  the  election  of  a 
president,  vice-president,  two  secretaries,  one  assistant  secretary. 

Second,  that  there  be  appointed  by  the  president  a  committee  on  organization, 
consisting  of  one  representative  from  each  of  the  Republics  represented  in  the  con- 
gress who  shall  distribute  the  work  among  the  several  committees  as  they  shall  see  fit. 

Luis  F.  Corea. 
AuGusTo  F.  Pulido. 
Kenneth  Barnhart. 
Rafael  S.  Lopez. 
0.  L.  Spaulding. 

On  motion,  duly  seconded,  the  report  was  amended  so  as  to  provide 
for  the  election  of  two  vice-presidents,  and  as  thus  amended,  it  was 
unanimously  adopted. 

The  congress  then  proceeded  to  the  election  of  officers  by  roll  call 
of  the  various  countries  represented. 

Gen.  O.  L.  Spaulding  was  unanimously  elected  president  of  the  cus- 
toms congress,  and  on  taking  the  chair  said: 

I  assure  you,  gentlemen,  that  this  is  an  unexpected  honor,  for  which  I  am  most 
heartily  thankful. 

A  meeting  of  this  character,  the  International  American  Customs  Congress,  is  a 
notable  event.  I  esteem  it  a  high  honor  to  be  permitted  to  participate  in  its  delib- 
erations, and  especially  a  high  honor  that  the  congress  should  have  selected  me  to 
preside  over  it.  Perhaps  such  a  congress  as  this  could  not  have  been  held  a  few 
years  ago.  Certain  it  is  that  it  was  not  held,  and  it  is  a  matter  of  congratulation  that 
it  is  possible  to-day. 

I  enter  upon  the  discharge  of  the  duties  with  great  diffidence,  lessened,  however, 
by  the  fact  that  I  know  the  gentlemen  who  have  thus  honored  me  with  the  position 
will  assist  me  in  the  discharge  of  its  duties. 

I  await  the  pleasure  of  the  congress. 

The  vice-presidents  and  secretaries  were  then  elected  by  ballot,  the 
chair  having  ruled  that  each  country  represented  shall  be  entitled  to 
one  vote.  The  result  was  as  follows:  First  vice-president,  Fidel  G. 
Pierra;  second  vice-president,  Kenneth  Barnhart;  secretaries,  P.  M. 
del  Paso  and  E.  T.  Chamberlain;  assistant  secretary,  W.  P.  Mont- 
gomery. 

As  the  report  of  the  committee  on  procedure  provided  for  the 
appointment  by  the  president  of  a  committee  on  organization,  consist- 
ing of  one  representative  from  each  of  the  Republics  represented,  it 
was  suggested  and  agreed  that  one  delegate  from  each  Republic  should 
be  appointed  upon  the  committee  on  organization. 

The  committee  as  thus  appointed  by  the  president  is  as  follows: 
Bolivia,  Seiior  Don  Jorge  E.  Zalles;  Cuba,  Sefior  Don  Fidel  G.  Pierra; 
Ecuador,  Seiior  Don  A.  Baquerizo;  El  Salvador,  Seiior  Don  Rafael  S. 
Lopez;  Guatemala,  Senor  Don  James  E.  Davis;  Honduras,  Senor  Don 
N.  Bolet  Peraza;  Mexico,  Senor  Don  J.  Arrangoiz;  Nicaragua,  Senor 
Don  Luis  F.  Corea;  United  States,  Hon.  Robert  B.  Armstrong; 
Uruguay,  Seiior  Don  Luis  Alberto  de  Herrera;  Venezuela,  Senor  Don 
Augusto  F.  Pulido. 


FIEST   CUSTOMS    CONGRESS   OF   AMERICAN   REPUBLICS.  25 


CREDENTIALS. 

The  president  suggested  that  during  the  recess  the  delegates  file  their 
credentials  with  the  secretaries. 

Delegate  Fischer  stated  that  the  aldermanic  chamber  would  be  occu- 
pied by  the  board  of  aldermen  on  Tuesday  next,  20th  instant,  and,  on 
motion,  the  chairman  appointed  Mr.  Fischer  a  committee  to  ascertain 
and  report  after  recess  a  suitable  place  for  holding  the  sessions  of  the 
congress  on  Tuesday  next. 

On  motion,  at  1.15  p.  m.,  a  recess  was  taken  until  3  o'clock. 

After  Recess. 

The  committee  on  organization  submitted  the  following  report: 

New  York,  January  17,  1903. 
The  committee  on  organization  have  had  the  honor  to  adopt  the  suggestion  of  Mr. 
E.  T.  Chamberlain,  i.  e.,  to  divide  the  work  into  four  committees,  and  has  appointed 
seven  members  for  each  committee.     Each  of  these  committees  can  subdivide  its 
work  as  it  may  see  fit. 
The  following  members  have  been  appointed  on  the  several  committees: 
Committee  on  vessels. — Sen  or  Don  J.  Arrangoiz,  of  Mexico;  Sefior  Don  Rafael  S. 
Lopez,  of  El  Salvador;  Senor  Don  Fidel  G.  Pierra,  of  Cuba;  Sefior  Don  Augusto  F. 
Pulido,  of  Venezuela;  Sefior  Don  James  E.  Davis,  of  Guatemala;  Mr.  Wm.  H.  Lin- 
coln, of  United  States;  Mr.  Gustav  H.  Schwab,  of  United  States. 

Committee  on  merchandise. — Sefior  Don  P.  M.  del  Paso,  of  Mexico;  Sefior  Don  N. 
Bolet  Peraza,  of  Honduras;  Sefior  Don  A.  D.  Straus,  of  Nicaragua;  Sefior  Don  Luis 
Alberto  de  Herrera,  of  Uruguay;  Sef^r  Don  J.  E.  Zalles,  of  Bolivia;  Mr.  Kenneth 
Barnhart,  of  United  States;  Mr.  Joseph  J.  Couch,  of  United  States. 

Coynmittee  on  nomenclature. — Mr.  George  W.  Whitehead,  of  United  States;  Mr. 
Robert  B.  Armstrong,  of  United  States;  Sefior  Don  J.  Arrangoiz,  of  Mexico;  Sefior 
Don  L.  A.  de  Herrera,  of  Uruguay;  Sefior  Don  Federico  Mejia,  of  El  Salvador;  Sefior 
Don  J.  E.  Zalles,  of  Bolivia;  Sefior  Don  Julio  J.  Yela,  of  Guatemala. 

Committee  on  future  conferences  and  permanent  organization. — Sefior  Don  N.  Bolet 
Peraza,  of  Honduras;  Sefior  Don  Luis  F.  Corea,  of  Nicaragua;  Sefior  Don  A.  Baque- 
rizo,  of  Ecuador;  Sefior  Don  Rafael  S.  Lopez,  of  El  Salvador;  Sefior  Don  Augusto  F. 
Pulido,  of  Venezuela;  Hon.  N.  N.  Stranahan,  of  United  States;  Hon.  Israel  F.  Fischer, 
of  United  States. 
Respectfully  submitted. 

J.  E.  Zalles. 
Fidel  G.  Pierea. 
A.  Baquerizo. 
Rafael  S.  L6pez. 
Jas.  E.  Davis. 
Luis  F.  Corea. 
Augusto  F.  Pulido. 
Robert  B.  Armstrong. 
J.  Arrangoiz. 
L.  A.  DE  Herrera. 

The  report  of  the  committee  was,  on  motion,  unanimously  adopted. 

committee  meetings. 

Mr.  Fischer  announced  that  during  recess  he  had  arranged  for  meet- 
ing places  for  the  committees  as  follows,  assuming  that  the  committees 
would  meet  on  Monday  morning:  Committee  on  vessels,  offices  North 
German- Lloyd  Line,  5  Broadway;  committee  on  merchandise,  col- 
lector's office,  custom-house;  committee  on  nomenclature,  appraiser's 
office,  Christopher  and  Washington  streets;  committee  on  future  con- 
ferences and  permanent  organization,  aldermanic  chamber,  city  hall. 

On  motion  it  was  agreed  that,  with  the  exception  of  the  committee 
on  future  conferences  and  permanent  organization,  the  committees 


26  FIRST    CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS. 

should  meet  at  the  places  designated  at  10  o'clock  a.  m.  on  Monday, 
19th  instant,  and  that  the  congress  reconvene  in  the  aldermanic 
chamber,  city  hall,  at  2  o'clock  p.  m.  on  Monday. 

On  motion,  the  congress  then  adjourned  until  2  o'clock  p.  m.  on 
Monday,  19th  instant. 

P.  M.  DEL  Paso,  Secretary. 

E.  T.  Chamberlain,  Secretary. 

W.  P.  Montgomery,  Assistant  Secretary. 


Governors'  Room,  City  Hall, 

N'ew  York.,  January  19,  1903. 

The  third  session  of  the  customs  congress  of  the  American  Republics 
convened  in  the  governors'  room,'city  hall,  New  York,  at  2.30  o'clock 
p.  m.  Monday,  January  19,  1903. 

Gen.  O.  L.  Spaulding,  president  of  the  congress,  opened  the  session 
by  calling  for  the  reading  of  the  journal  of  the  first  session  on  Satur- 
day, 17th  instant. 

The  journal  was  corrected  to  show  that  Senor  Don  Federico  Mejia, 
delegate  from  El  Salvador,  was  present  at  the  session  on  17th  instant. 

It  was  announced  that  Senor  Don  Ramon  if  Ivarez  de  Toledo,  dele- 
gate from  the  Argentine  Republic,  and  Senor  Dr.  Don  Juan  J.  Ulloa, 
delegate  from  Guatemala,  were  present  at  this  session. 

On  motion,  the  president  was  requeued  to  appoint  Senor  Dr.  Don 
Ramon  if Ivarez  de  Toledo  a  member  of  the  four  committees  created 
at  the  first  session  of  the  congress. 

The  chair  accordingly  appointed  the  delegate  from  the  Argentine 
Republic  a  member  of  the  committee  on  vessels,  merchandise,  nomen- 
clature and  future  conferences,  and  permanent  organization. 

REPORT   OF   COMMITTEE   ON   VESSELS. 

Mr.  Schwab  stated  that  the  committee  on  vessels  had  met,  this  morn- 
ing, at  the  oflSce  of  the  North  German-Lloyd  Steamship  Company  and 
organized  by  the  election  of  a  chairman,  all  members  of  the  committee 
being  present  except  one,  and  the  committee  had  requested  Mr.  Schwab, 
as  chairman,  to  present  the  following  report: 

The  committee  on  vessels  have  the  honor  to  report — 

That  they  have  appointed  a  subcommittee  to  consider  in  detail  the  subjects  assigned 
to  the  committee  and  will  report  at  the  earliest  possible  day. 

The  committee  beg  leave  to  present  the  following  resolution  to  the  International 
Customs  Congress  and  to  recommend  its  passage: 

The  First  Customs  Congress  of  the  American  Republics  recommends  tothe  Gov- 
ernments of  the  Republics  represented  that  those  Governments  issue  instructions  to 
their  principal  officers  of  the  customs  and  consuls,  respectively,  to  facilitate  the  dis- 
patch of  vessels  engaged  in  international  commerce  by  according  shipowners,  mas- 
ters of  vessels,  and  shippers  all  conveniences  and  accommodations  within  their  power, 
such  conveniences  and  accommodations  to  include  official  services  with  equitable 
compensation  during  extra  official  hours  in  exceptional  cases  when  the  interests  of 
international  commerce  would  thereby  be  promoted. 
New  York,  January  19,  1903. 

GusTAv  H.  Schwab,  Chairman. 

augusto  f.  pulido, 

Fidel  G.  Pierra, 

Jas.  E.  Davis, 

Rafael  S.  L6pez, 

Wm.  H.  Lincoln. 


FIRST   CUSTOMS    CONGRESS   OF    AMERICAN   REPUBLICS.  27 

Mr.  Schwab  said  the  committee  asked  that  the  secretary  of  the  con- 
gress have  a  Spanish  translation  of  this  resolution  made  as  part  of  the 
records  of  the  congress. 

He  also  reported  verbally  that  the  committee  had  appointed  a  sub- 
committee for  the  purpose  of  examining  into  the  laws  and  regulations 
of  the  various  countries  composing  the  customs  congress  with  regard 
to  vessels;  and  on  behalf  of  that  committee  he  requested  that  the  dele- 
gates send  to  the  committee  on  vessels  copies  of  the  rules  and  regula- 
tions of  their  respective  countries  pertaining  to  vessels. 

Furthermore,  on  behalf  of  the  committee,  he  requested  that  Mr.  E.  T. 
Chamberlain,  United  States  Commissioner  of  Navigation,  be  added  to 
the  committee. 

The  president  took  a  viva  voce  vote  on  this  recommendation  and 
announced  that  it  was  unanimously  agreed  that  Mr.  Chamberlain  should 
be  added  to  the  committee  on  vessels. 

Mr.  Schwab  then  asked  that  the  congress  vote  on  the  adoption  of 
the  resolution  reported  by  the  committee. 

During  the  roll  call  it  was  stated  that  some  of  the  delegates  did  not 
understand  whether  this  resolution  applied  to  subordinate  officials  as 
well  as  to  the  collectors  or  principal  officers  of  the  various  ports. 

Mr.  Schwab  stated  that  it  was  fully  understood  by  the  committee 
that  the  resolution  was  to  be  as  broad  as  possible,  appl3dng  to  subor- 
dinate officials  as  well  as  customs  collectors,  and  that  it  applied  to  every 
officer  connected  with  the  dispatch  of  vessels,  either  in  the  home  coun- 
try or  in  foreign  countries. 

The  resolution  was  read  in  Spanish  by  Senor  Don  P.  M.  del  Paso, 
secretary,  and  after  some  discussion  it  was  moved  that  copies  of  the 
resolution  in  English  and  in  Spanish  should  be  furnished  to  the  dele- 
gates, and  that  action  upon  it  be  deferred  until  the  next  session  of  the 
congress,  in  order  that  the  delegates  may  confer. 

Mr.  Schwab,  on  behalf  of  the  committee  on  vessels  accepted  this 
motion,  and  the  president  announced  that  the  resolution  submitted  by 
the  committee  on  vessels  would  be  printed  both  in  Spanish  and  Eng- 
lish and  distributed  among  the  delegates  for  action  at  a  future  meeting 
of  the  congress. 

Objection  was  made  to  this  course  on  the  ground  that  the  subject 
was  sufficiently  understood  and  it  would  unnecessarily  delay  the  pro- 
ceedings of  the  congress  to  suspend  action  at  this  time.  It  was  there- 
fore voted  to  reconsider  the  action  just  taken  and  proceed  with  the 
roll  call  on  the  adoption  of  the  resolution  as  reported  by  the  commit- 
tee on  vessels. 

The  roll  was  called  and  the  resolution  was  unanimously  adopted,  as 
follows: 

Resolved,  That  the  First  Customs  Congress  of  the  American  Republics  recommends 
to  the  Governments  of  the  RepubUcs  represented  that  those  Governments  issue 
instructions  to  their  principal  officers  of  the  customs  and  consuls,  respectively,  to 
facilitate  the  dispatch  of  vessels  engaged  in  international  commerce,  by  according 
shipowners,  masters  of  vessels,  and  shippers  all  conveniences  and  accommodations 
within  their  power;  such  conveniences  and  accommodations  to  include  official  serv- 
ices with  equitable  compensation  during  extra  official  hours  in  exceptional  cases 
when  the  interests  of  international  commerce  would  thereby  be  promoted. 

Senor  Don  Fidel  G.  Pierra,  delegate  from  Cuba,  offered  the  follow- 
ing resolution: 

Resolved,  That  all  resolutions  and  reports  of  committees  be  either  printed  or  type- 
written in  both  English  and  Spanish  and  distributed  to  the  delegates  at  least  one 
day  before  action  is  taken  upon  them. 


28  FIRST   CUSTOMS    CONGRESS   OF   AMERICAN   REPUBLICS. 

As  it  was  believed  that  this  would  unduly  prolong  the  deliberations 
of  the  congress,  and  as  it  was  desired  to  complete  the  work  of  the 
present  congress  as  speedily  as  practicable,  after  some  discussion,  a 
vote  by  roll  call  was  taken  upon  this  resolution  and  it  was  declared  lost. 

REPORT   OF   COMMITTEE   ON  MERCHANDISE. 

The  committee  on  merchandise  reported  that  they  had  met  at  the 
office  of  the  collector  of  customs  at  10  o'clock  a.  m.  this  day,  and 
agreed  on  the  following  report: 

The  committee  met  at  the  office  of  the  collector  of  customs  at  10  o'clock  a.  m.,  and 
organized. 

Present:  Senor  Don  P.  M.  del  Paso,  of  Mexico;  Seilor  Don  L.  A.  de  Herrera,  of 
Uruguay;  Mr.  Joseph  J.  Couch,  of  the  United  States;  Mr,  Kenneth  Bamhart,  of  the 
United  States. 

Mr.  Couch  was  elected  chairman  and  Mr.  Barnhart  secretary  of  the  committee. 

Mr.  Couch  submitted  a  statement  of  ordinary  procedure  by  the  customs  officers  in 
the  treatment  of  merchandise  arriving  at  the  port  of  New  York  from  foreign  countries. 

Senor  del  Paso,  of  Mexico,  submitted  a  statement  on  the  part  of  Mexico. 

The  committee  recommends  that  the  statements  of  Mr.  Couch  and  Sefior  del  Paso, 
submitted  herewith,  be  accepted  and  printed  in  the  reports  of  the  congress,  and  that 
all  Republics  represented  in  the  congress,  as  well  as  all  other  South  American  Repub- 
lics, be  requested  to  submit  statements  of  procedure  by  customs  officers  in  the  treat- 
ment of  merchandise  arriving  in  their  several  countries,  said  statements  to  be  printed 
in  Spanish  and  in  English. 

In  the  absence  of  such  statements  from  all  the  Republics  concerned,  the  committee 
is  unable  to  proceed  further,  and  respectfully  recommends  that  the  consideration  of 
merchandise  be  passed  over,  to  be  taken  up  at  a  future  congress. 

Statements  not  prepared  in  time  to  be  filed  with  the  secretary  of  this  congress  should 
be  filed  with  the  Director  of  the  International  Bureau  of  the  American  Republics,  at 
Washington,  D.  C. 

Joseph  J.  Couch,  of  the  United  States. 
P.  M.  DEL  Paso,  of  Mexico. 
Luis  Alberto  de  Herreka,  of  Uruguay. 
Kenneth  Barnhart,  of  the  United  States. 

On  roll  call,  the  report  and  recommendations  of  the  committee  on 
merchandise  were  adopted. 

REPORT   OF   COMMITTEE   ON   NOMENCLATDRE. 

Senor  Don  Javier  Arrangoiz,  chairman  of  the  committee  on  nomen- 
clature, presented  the  following  report  of  the  committee: 

The  committee  on  nomenclature,  known  as  division  3  of  the  customs  congress,  has 
the  honor  to  make  the  following  report: 

The  committee  met  at  10  o'clock  at  the  office  of  the  appraiser,  port  of  New  York, 
the  following  members  being  present:  Senor  Don  Javier  Arrangoiz,  Sefior  Don  Fed- 
erico  Mejia,  Senor  Don  Julio  J.  Yela,  Sefior  Don  Jorge  E.  Zalles,  Mr.  G.  W. 
Whitehead,  and  Mr.  Eobert  B.  Armstrong. 

The  committee  first  discussed  Section  C  of  the  general  subject — a  common  nomen- 
clature to  be  adopted  in  the  official  documents  required  in  trade  between  the  American 
Eepublics.  In  discussing  Section  C,  which  has  to  do  with  adequate  means  of  estab- 
lishing any  common  nomenclature  which  may  be  recommended,  Seilor  Arrangoiz 
made  the  suggestion  that  a  common  nomenclature,  based  on  the  English  language 
and  providing  for  concentration  of  the  tariffs  of  all  the  countries  involved,  be  adopted. 

Sefior  Arrangoiz  had  prepared  and  presented  to  the  committee  an  elaborate  form 
illustrating  his  idea,  which  is  presented  herewith. 

In  explaining  his  plan,  Sefior  Arrangoiz  declared  that  the  present  Commercial 
Nomenclature  issued  by  the  International  Bureau  of  the  American  Republics  is  of 
comparatively  little  or  no  value,  because  the  English  terms  are  given  simply  in 
Spanish  and  Portuguese  equivalents.  Senor  Arrangoiz  explained  in  many  cases  a 
word  in  Spanish  or  Portuguese  meant  different  things,  according  to  the  country  in 
which  it  was  used.  For  this  reason  he  suggested  that  there  be  no  attempt  made  to 
use  the  book  in  its  present  form  as  a  guide  to  the  proper  classification  of  goods  or 
the  preparation  of  custom-house  papers.    He  added  that  the  general  terms  or  groups 


FIK8T   CUSTOMS   CONGRESS    OF   AMERICAN   REPUBLICS.  29 

under  which  goods  are  classified  for  custom-house  purposes  are  the  same  in  meaning 
in  all  countries  of  South  America.  Therefore,  he  suggested  that  the  general  groups 
be  given  first  in  English  and  then  in  Spanish  and  Portuguese  equivalents,  and  follow- 
ing, in  separate  columns,  one  for  each  South  American  country,  notations  indicating 
the  grouping  or  classification  in  the  tariff,  the  rates  of  duty,  and  the  portion  of  the 
tariff  where  specific  information  could  be  secured.  In  pointing  out  the  advantages 
of  this  system  he  suggested  that  it  would  enable  English-speaking  importers  to  prop- 
erly classify  and  document  articles  for  exportation  to  the  countries  included  in  the 
table.  His  general  plan  and  suggestion  was  considered  as  practicable  and  tangible 
as  far  as  it  went. 

As  an  elaboration  of  and  complement  to  the  plan  suggested  by  Seiior  Arrangoiz, 
Mr.  Armstrong  suggested  that  the  table  proposed  by  Sefior  Arrangoiz  be  utilized  as 
an  appendix  to  a  new  edition  of  the  Commercial  Nomenclature.  He  suggested  that 
the  book  itself  give  the  detailed  nomenclature  as  at  present,  basing  it  upon  the  Eng- 
lish terms  in  commercial  use.  He  thought  that  the  English  terms  should  be 
arranged  alphabetically,  and  that  following  them,  in  separate  columns,  should  be  the 
equivalent  in  the  language  of  each  of  the  South  American  countries  represented  in 
the  congress.  After  each  specific  term  he  suggested  that  a  numeral  be  added,  indi- 
cating that  that  specific  article  belonged  in  the  general  group  in  the  table  proposed 
by  Senor  Arrangoiz,  to  which  a  corresponding  number  was  attached.  Mr.  Arm- 
strong suggested  that  these  classification  numbers  be  given  for  the  English  and  also 
for  each  of  the  other  equivalents,  so  that  a  difference  of  classification  would  be 
instantly  indicated.  For  instance,  in  the  case  of  boots  or  shoes,  suppose  they  were 
classed  as  footwear  in  Mexico,  in  another  South  American  country  they  might  be 
classed  as  leather  goods,  and,  therefore,  the  numbers  should  be  attached  to  the  Eng- 
lish and  the  equivalents  as  well  Mr.  Armstrong  pointed  out  that  in  this  way  the 
present  unsatisfactory  volume  could  be  made  a  compendium  of  the  various  tariffs,  so 
far  as  classification  was  concerned.  Such  a  volume  would  enable  exporters  and 
importers  to  find  the  equivalent  in  either  English,  Spanish,  or  Portuguese,  for  each 
of  the  countries  interested,  the  general  classification,  and  the  rate  of  taxation  in  each 
country.  This  would  enable,  for  instance,  an  American  exporter  to  take  an  English 
equivalent  of  some  commodity,  instantly  ascertain  its  equivalent  in  any  South 
American  Republic,  be  assured  of  the  classification  of  that  article  under  the  tariff  of 
the  country  selected,  and  the  rate  of  duty  to  which  it  would  be  subjected.  It  would 
be  invaluable  in  assisting  importers  and  exporters  as  well  in  properly  preparing  all 
trade  documents  necessary  for  custom-house  purposes  in  the  commercial  relations 
between  the  countries  interested. 

Senor  Arrangoiz  accepted  the  suggestion  of  Mr.  Armstrong  as  an  improvement  to 
his  general  plan,  and  the  committee  unanimously  voted  to  recommend  to  the  con- 
gress such  a  system  of  nomenclature.  Senor  Zalles  suggested,  as  a  further  amend- 
ment, that  wherever  a  country  had  a  commercial  treaty  bearing  upon  the  exportation 
or  importation  of  any  commodity,  the  commercial  treaty  be  printed  at  the  end  of 
the  tariff  of  each  country  and  incorporated  in  the  volume  of  Commercial  Nomencla- 
ture. Sefior  Mejia  suggested  in  lieu  of  this  proposition  to  indicate  with  an  asterisk 
or  some  other  sign  at  the  beginning  or  end  of  the  name  of  each  commodity  or  group 
that  a  special  treaty  governed  the  international  trade  in  that  commodity  or  group. 
This  was  accepted  by  Sefior  Zalles  and  the  proposition  as  finally  perfected  can  thus 
be  briefly  summarized. 

Prepare  a  new  common  nomenclature  based  on  the  English  terms  defining  com- 
modities of  commerce,  together  with  the  equivalents  in  each  one  of  the  American 
Republics.  Add  to  each  commodity  term  a  numeral  indicating  the  classification  in 
each  of  the  separate  countries,  the  numeral, referring  to  a  group  of  the  corresponding 
number  which  will  be  found  in  the  appendix  in  the  back  of  the  volume;  this  table 
to  indicate  the  general  groupings  of  the  tariff  in  each  of  the  countries  represented. 
By  means  of  an  asterisk  or  other  distinguishing  mark,  commodities  or  groups  gov- 
erned by  special  commercial  treaty  are  to  be  indicated. 

On  Section  A  "Advantage  or  disadvantage  of  the  common  adoption  of  nomencla- 
ture of  the  metric  system  of  weights  and  measures"  for  use  in  official  documents 
required  in  trade  between  American  Republics,  the  committee  voted  unanimously  in 
favor  of  the  adoption  of  the  metric  system,  believing  it  to  be  more  easily  adapted  to 
general  use  and  that  its  adoption  would  accomplish  economy  in  the  handling  of  com- 
modities internationally.  The  metric  system  being  in  use  in  all  the  custom-houses 
of  the  South  American  Republics  at  present,  and  the  customs  service  of  the  United 
States  annually  expending  large  sums  for  the  translation  of  metric  equivalents  into  the 
terms  of  weights  and  measures  now  in  use  in  the  country,  the  committee  believe 
that  the  common  adoption  of  the  metric  system  would  be  of  great  advantage  in  a 
practical  business  way  and  recommends  that  this  congress  earnestly  strive  to  accom- 
plish that  end. 


30  FIBST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

In  discussing  Section  B,  "Advantage  or  disadvantage  of  the  common  adoption  of 
the  English  equivalents  of  general  commercial  terms  such  as  are  involved  in  the 
nomenclature  of  the  metric  system,"  Sef5or  Mejia  proposed  that  two  or  three  pages 
of  the  Commercial  Nomenclature  be  set  apart  for  tne  publication  of  these  general 
English  terms,  together  with  their  definition  and  the  equivalents  in  the  various 
countries  of  South  America  here  represented.  This  the  committee  unanimously 
approved  as  being  the  most  satisfactory  method  of  dealing  with  the  general  English 
terms  of  commerce  for  this  purpose. 

On  motion  of  Mr.  Whitehead,  Sefior  Arrangoiz  was  elected  chairman  of  the  com- 
mittee in  recognition  of  his  work  in  preparing  the  plan  here  outlined.  After  author- 
izing Sefior  Arrangoiz  to  report  the  action  of  the  committee  to  the  congress,  the 
committee  adjourned. 

On  roll  call,  that  part  of  the  foregoing  report  relating  to  nomen- 
clature was  adopted  unanimously. 

That  portion  of  the  report  relating  to  the  proposed  adoption  of  the 
metric  system  of  weights  and  measures  was  discussed  separately.  It 
was  stated  that  a  great  deal  of  difficulty  had  been  experienced  in  the 
United  States  in  having  the  metric  system  introduced  in  the  schools 
and  in  general  use,  and  it  would  probably  be  years  before  the  metric 
system  would  be  accepted  and  used  generally  by  the  United  States  and 
England.  It  was  believed,  however,  that  the  adoption  of  the  metric 
system  universally  in  the  customs  service  was  practicable  and  desirable. 

On  roll  call,  the  part  of  the  report  pertaining  to  the  adoption  of  the 
metric  system  was  adopted  unanimously. 

RESOLUTIONS  REFERRED  TO  COMMITTEE   ON   FUTURE  CONFERENCES  AND 
PERMANENT   ORGANIZATION. 

Sefior  Don  Rafael  S.  Lopez  presented  the  following  preambles  and 
resolutions  in  Spanish,  which  were  translated  into  English  for  the 
congress,  as  follows: 

Whereas  matters  which  concern  this  customs  congress,  as  well  as  those  which  may 
be  assembled  in  future  for  the  same  purpose,  are  of  the  greatest  importance  to  the 
commercial  relations  of  the  nations  of  this  continent;  and, 

Whereas  some  of  said  nations  have  not  sent  their  representatives  to  this  congress, 
due  to  which  fact  it  lacks  the  necessary  data  which  are  essential  to  the  efficiency  of 
the  work  of  the  congress,  I  have  the  honor  to  move  the  adoption  of  the  following 
resolutions,  it  being  understood  that  their  adoption  will  in  no  wise  interfere  with  the 
work  of  the  congress  already  accomplished,  or  which  may  be  accomplished  at  its 
present  sessions: 

Resolved,  (1)  That  the  International  Bureau  of  the  American  Republics  be 
requested  to  immediately  appoint  a  committee  whose  duty  it  shall  be  to  compile 
and  publish  in  one  volume  all  the  data  relating  to  ships,  merchandise,  and  nomen- 
clature of  all  the  Spanish-American  Republics  to  which  the  programme  of  this 
congress  refers,  said  publication  to  be  made  in  English,  Spanish,  and  Portuguese. 

Resolved,  (2)  That  the  International  Bureau  of  the  American  Republics,  after  said 
compilation  has  been  made  and  published,  shall  convene  another  customs  congress 
which  shall  meet  at  the  city  of  Washington,  as  soon  as  possible. 

New  York,   January  19,  1903. 

These  resolutions  were  discussed  at  some  length,  the  consensus  of 
opinion  being  that  progress  was  being  made  at  this  congress,  and  that 
it  would  be  unwise  to  refer  these  subjects  to  another  congress  which 
might  make  no  better  progress  than  has  been  made  since  the  Second 
International  Conference  in  Mexico  last  year,  which  cited,  among  other 
objects  for  which  this  customs  congress  was  convened,  the  following: 

(1)  The  organization  of  a  permanent  customs  commission  composed  of  individuals 
possessing  technical  and  expert  knowledge,  and  which,  as  a  branch  of  the  Interna- 
tional Bureau  of  the  American  Republics,  or  in  any  other  form  that  the  congress 
shall  deem  proper,  shall  be  charged  particularly  with  the  execution  of  the  customs 


FIRST   CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  81 

and  tariff  laws  of  the  nations  of  America  for  the  purpose  of  suggesting  to  the  respec- 
tive governments,  for  the  enactment  of  laws  and  regulations  which,  in  so  far  as  they 
relate  to  custom-house  formalities,  shall  tend  to  simplify  the  same  and  to  facilitate 
mercantile  traffic. 

On  motion  it  was  agreed  that  the  resolutions  of  Senor  Lopez 
be  referred  to  the  committee  on  future  congresses  and  permanent 
organization. 

CUSTOMS   PROCEDURE   IN   NEW   YORK. 

On  motion  of  Delegate  Fischer,  Mr.  Couch  was  requested  to  read 
the  excellent  paper  which  he  had  prepared  regarding  customs  pro- 
cedure in  New  York. 

Mr.  Couch  said,  by  way  of  introduction,  that  in  preparing  his  paper 
he  understood  that  it  was  the  desire  of  the  congress  that  there  should 
be  filed  brief  statements  describing  the  customs  procedure  .of  the  vari- 
ous countries  represented.  He  had  done  this  for  the  United  States 
by  describing  the  ordinary  methods  of  procedure  in  handling  im- 
ported merchandise  at  the  port  of  New  York. 

Mr.  Couch  then  read  the  paper,  which  was  received  with  applause 
by  the  delegates,  and  may  be  found  in  Appendix  I. 

Seiior  Pierra,  of  Cuba,  said  that  he  had  prepared  a  paper  describing 
the  customs  procedure  in  Cuba,  but  had  not  as  yet  had  an  opportunity 
to  file  it  with  the  proper  committee. 

The  chairman  said  that  Senor  Pierra's  paper  would  be  presented, 
and  printed  as  a  part  of  the  proceedings  of  the  congress.  It  is  intended 
to  obtain  reports  from  the  different  countries  with  reference  to  their 
methods  of  procedure,  so  that  when  the  question  comes  up  for  final 
consideration  and  determination  by  this  or  any  future  congress  the 
methods  of  procedure  of  all  the  American  Republics  may  be  made  uni- 
form as  far  as  practicable. 

Delegate  Fischer  reported  that  he  had  seen  the  president  of  the 
borough  who  had  said  if  the  governor's  room  was  large  enough  the 
future  sessions  of  the  congress  may  take  place  in  this  room. 

On  motion,  the  congress,  at  5  p.  m.,  adjourned  until  2  o'clock  p.  m., 
Tuesday,  January  20,  1903,  when  the  congress  is  to  reconvene  in  the 
governor's  room  in  the  city  hall.  New  York. 

P.  M.  Del  Paso,  Secretary, 

E.  T.  Chamberlain,  Sec^'etary. 

W.  P.  Montgomery,  Assistant  Secretary. 


Governor's  Room,  City  Hall, 

New  York,  January  20,  1903. 

The  fourth  session  of  the  customs  congress  of  the  American  Repub- 
lics convened  at  2  o'clock  p.  m.,  Tuesday,  January  20,  1903,  in  the 
governor's  room  in  the  city  hall.  New  York. 

The  journal  of  the  third  session  of  the  congress,  on  the  19th  instant, 
was  read. 

The  minutes  were  corrected  to  show  the  attendance  of  Senor  Dr. 
Don  Juan  UUoa,  delegate  from  Guatemala,  at  the  preceding  sessions  of 
the  congress.  Also  to  show  that  the  resolutions  offered  by  Sefior 
Lopez  of  El  Salvador  were  referred  to  the  committee  on  future  con- 
ferences and  permanent  organization. 


32  FIRST    CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS. 

The  chairman,  General  Spaulding,  presented  the  following  telegram: 

Washington,  D.  C,  January  20^  190S. 
To  the  Chairman  of  the  Inteenational  Customs  Congress, 

City  Hall,  New  York: 
I  am  ordered  to  represent  my  country  in  the  conference  and  will  soon  be  present. 
In  the  meantime  and  by  order  of  my  Government,  1  have  appointed  Mr.  Alberto 
Falcon  as  one  of  the  delegates  of  Peru.    Please  accept  my  highest  consideration. 

Manuel  Alvarez  Calder6n,  Minister  of  Peru. 

The  chair  then  stated  that  if  there  were  no  further  objections,  the 
journal  of  the  19th  instant  would  stand  approved. 

REPORTS   OF  COMMITTEES. 

Delegate  Stranahan,  of  the  United  States,  stated,  in  connection  with 
the  report  of  the  committee  on  nomenclature,  presented  at  the  session 
on  the  19th  instant  by  Senor  Don  J.  Arrangoiz,  of  Mexico,  that  it  was 
desired  to  have  this  report  made  a  part  of  the  printed  proceedings  of 
the  congress. 

On  motion  it  was  ordered  that  the  memorandum  prepared  by  the 
delegate  from  Mexico  should  be  included  in  the  proceedings  of  the 
congress  (Appendix  H). 

Senor  Pierra,  of  Cuba,  stated  that  in  consequence  of  the  inability  of 
Mr.  Schwab,  chairman  of  the  committee  on  vessels,  to  attend  this  ses- 
sion of  the  congress,  Senor  Pierra  had  been  requested  by  the  committee 
to  act  as  his  substitute  and  to  report  that  the  committee  had  made 
some  progress  in  its  work,  and  desired  to  submit  three  resolutions  to 
the  congress.  The  committee  on  vessels  was  laboring  at  some  disad- 
vantage in  not  having  at  hand  all  the  data  necessary;  nevertheless, 
they  would  be  able  to  make  recommendations  of  some  importance. 
But  they  required  more  time,  and  the  committee  on  vessels  had  there- 
fore requested  Senor  Pierra  to  ask  that  no  session  of  the  congress  be 
held  on  Wednesday,  21st  instant,  in  order  that  the  committee  may 
devote  the  whole  day  to  the  work  they  have  in  hand  and  be  enabled  to 
report  to  the  session  to  be  held  on  Thursday,  22d  instant. 

Senor  Pierra  then  presented  the  following  preamble  and  resolution; 

The  committee  on  vessels  recommends  that  the  resolution  adopted  yesterday  by 
the  congress  to  facilitate  the  dispatch  of  vessels  be  amended  by  adding  the  following: 

''Whereas  delays  in  the  visits  of  health  officers  to  vessels  sometimes  cause  loss  to 
shipowners,  consignees,  passengers,  and  otheis: 

"Resolved,  That  the  Governments  represented  be  requested  to  instruct  their  sani- 
tary officers  to  visit  vessels  immediately  on  arrival." 

A  question  arose  as  to  whether  this  resolution  would  not  require 
the  visits  of  sanitary  officers  to  be  made  at  any  hour  of  the  day  or 
night,  and  the  following  amendment  to  the  resolution  was  adopted  by 
roll  call:  "  Provided  that  such  visits  should  be  in  official  hours." 

The  roll  was  then  called  upon  the  adoption  of  the  preamble  and  reso- 
lution as  thus  amended,  and  it  was  declared  unanimously  adopted  as 
follows: 

Whereas  delays  in  the  visits  of  health  officers  to  vessels  sometimes  cause  loss  to 
shipowners,  consignees,  passengers,  and  others; 

Resolved,  That  the  Governments  represented  be  requested  to  instruct  their  sanitary 
officers  to  visit  vessels  immediately  upon  arrival;  provided  that  such  visits  should  be 
in  official  hours. 


FIRST    CUSTOMS    COT^^GRESS    OF    AMERICAN    REPUBLICS.  83 

Secretary  Chamberlain  then  read  the  following  resolution  recom- 
mended by  the  committee  on  vessels  for  adoption  by  the  congress: 

Resolved,  That  the  customs  congress  recommends  to  the  Governments  represented 
that  fines  imposed  on  masters  of  vessels  for  omissions  or  infractions  of  laws  in  mak- 
ing out  customs  documents  be  condoned  in  all  cases  when  in  the  judgment  of  the 
Department  of  the  Treasury  it  appears  that  there  was  no  intention  to  commit  fraud. 

The  delegate  from  the  Argentine  Republic,  Senor  Don  R.  Alvarez 
de  Toledo,  addressed  the  congress  in  Spanish  on  this  resolution,  the 
substance  of  his  remarks  being  interpreted  for  the  benefit  of  the 
English-speaking  delegates  by  Gen.  N.  Bolet  Feraza,  of  Honduras,  as 
follows: 

Dr.  Toledo  says  he  will  be  obliged  to  vote  in  the  negative  on  that  resolution  for 
the  reason  that  in  the  Argentine  Republic  the  customs  laws  are  very  strict  in  requir- 
ing the  imposition  of  these  fines,  and  they  can  not  be  condoned.  This  is  done  in 
order  to  prevent  smuggling.  And  as  the  resolution  interferes  with  the  established 
legislation  of  his  country  he  did  not  consider  himself  authorized  to  vote  in  favor  of 
any  measure  which  is  antagonistic  thereto. 

Gen.  N.  Bolet  Peraza,  speaking  for  himself,  continued,  saying  that 
in  several  previous  conferences  of  this  nature  the  question  had  arisen 
whether  it  was  competent  for  such  bodies  to  recommend  for  adoption 
by  the  various  Governments  measures  opposed  to  the  legislation  of  the 
respective  countries;  and  he  believed  this  congress  was  convened  for 
that  very  purpose — to  see  whether  the  customs  service  of  the  various 
countries  could  not  be  made  more  uniform,  and  if  the  respective  Gov- 
ernments can  not  accept  the  recommendations  of  this  congress  even  if 
only  a  few  of  the  Governments  represented  adopt  such  recommendation. 

The  roll  was  then  called  upon  the  adoption  of  the  foregoing  resolu- 
tion, and  it  was  declared  adopted. 

Senor  Pierra  presented  a  third  resolution  recommended  for  adoption 
by  the  congress  by  the  committee  on  vessels,  as  follows: 

Resolved,  That  the  customs  congress  recommends  that  when  packages  are  unladen 
from  a  vessel  which  are  not  destined  for  that  port,  but  for  another  port,  domestic  or 
foreign,  said  packages  shall  be  returned  without  the  imposition  of  a  fine,  as  soon  as 
it  can  be  proved  that  said  packages  are  destined  for  another  port,  said  proof  to  be  by 
telegraph  or  by  certificates  issued  by  the  customs  officers  of  the  port  where  said 
packages  were  missed. 

The  roll  was  called  on  the  adoption  of  this  resolution,  and  it  was 
carried,  the  delegate  from  Uruguay  voting  in  the  negative  on  the 
ground  that  such  mistakes  are  usually  the  fault  of  the  consignee,  and 
are  of  very  rare  occurrence. 

Senor  Pierra  said  that  in  presenting  the  report  of  the  committee  on 
vessels  he  had  referred  to  the  request  of  that  committee  that  no  ses- 
sion of  the  customs  congress  be  held  on  Wednesday.  He  now  desired 
to  move  that  when  the  congress  adjourns  to-day  it  adjourn  until 
Thursday,  22d  instant,  at  2  o'clock  p.  m. 

The  motion  was  adopted. 

Senor  Don  James  E.  Davis,  of  Guatemala,  subsequently  asked  a 
reconsideration  of  this  vote,  stating  that  some  of  the  delegates  con- 
sidered it  desirable  either  to  hold  a  session  of  the  congress  on  Wednes- 
day or  to  reconvene  at  10  o'clock  a.  m.  on  Thursday. 

The  motion  to  adjourn  until  2  o'clock  on  Thursday  was  reconsidered, 
and  some  discussion  ensued,  but  subsequently  the  original  motion  pre- 
vailed, and  the  chair  announced  that  when  the  congress  adjourned 
to-day  it  would  be  until  Thursday,  22d  instant,  at  2  o'clock  p.  m. 

S.  Doc.  180 3 


34  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 

Senor  Don  Jorge  E.  Zalles,  of  Bolivia,  presented  a  paper  describing 
customs  procedure  in  Bolivia,  with  the  customs  laws  'and  tariflf,  their 
system  of  nomenclature,  etc. ,  which  was  received  and  ordered  printed 
with  the  minutes  of  the  congress. 

EXTENSION  OF   MONROE  DOCTRINE. 

Senor  Dr.  Don  R.  Alvarez  dc  Toledo,  of  the  Argentine  Republic, 
introduced  the  following  preambles  and  resolutions,  which  were 
translated  as  follows: 

New  York,  January  20,  1903. 
To  THE  Customs  Congress  Assembled  in  New  York: 

Whereas  (first)  international  questions  now  being  discussed  are  of  a  political 
nature,  the  essence  of  which  is  fundamentally  commercial,  involving  principles  of 
the  law  of  nations  relating  thereto. 

Second.  That  such  questions  can  not  be  foreign  to  the  purpose  of  this  conference, 
the  object  of  which  is  to  reach  the  decision  of  questions  which  may  uniformly  bind 
together  the  Republics  of  both  American  continents. 

Third.  That  the  Monroe  doctrine,  which  involves  ideals  of  continental  American 
policy  concerning  territorial  integrity,  should  be  amplified,  giving  it  also  a  commer- 
cial significance  which  shall  tend  to  foster  commerce  and  industry  by  means  of 
tariffs  calculated  to  benefit  both  Americas,  and  which  may  permit  an  easy  inter- 
change of  their  raw  materials,  still  more  advantageous,  if  possible,  than  the  trade  they 
are  carrying  on  at  present  with  the  other  nations  outside  of  both  Americas. 

Therefore,  the  Congress  resolves: 

1.  To  recommend  to  the  Republics  represented  in  this  conference  the  prompt 
ratification  of  the  treaties  of  commercial  reciprocity,  which  are  awaiting  the  legal 
sanction  of  their  respective  Congresses. 

2.  To  recommend  the  negotiation  of  treaties  of  reciprocity  if  the  same  are  not  at 
present  in  course  of  negotiation  or  awaiting  the  legal  sanction  of  the  respective 
countries. 

3.  To  recommend  that  said  treaties  should  be  negotiated  on  the  basis  that  tariffs 
on  exportable  raw  material  shall  be  specially  calculated  to  foster  the  commercial 
interchange  of  the  American  continents  on  more  liberal  terms  than  the  tariffs  in  force 
with  other  nations  which  are  outside  of  the  American  Hemisphere. 

R.  A.  DE  Toledo, 
Delegate  of  the  Argentine  Republic. 

Senor  Don  Rafael  S.  Lopez,  of  El  Salvador,  speaking  on  the  propo- 
sition to  refer  the  foregoing  resolutions  to  the  committee  on  future 
conferences  and  permanent  organization,  said  he  thought  it  more 
advisable  to  appoint  a  special  committee  to  consider  and  report  on 
this  subject,  and  he  deemed  it  beyond  the  province  of  the  customs 
congress  to  deal  with  these  subjects  affecting  questions  of  international 
law.  He  therefore  moved  that  the  preambles  and  resolutions  offered 
by  Seiior  Dr.  Don  R.  Alvarez  de  Toledo  be  referred  to  a  special  com- 
mittee of  seven  delegates,  to  be  appointed  by  the  chair. 

On  roll  call  this  motion  was  adopted,  and  the  chairman  subsequently 
appointed  the  following  special  committee:  Senor  Don  Rafael  S. 
Lopez,  of  El  Salvador;  Senor  Don  Dr.  R.  Alvarez  de  Toledo,  of 
Argentine  Republic;  Sefior  Don  Javier  Arrangoiz,  of  Mexico;  Mr. 
N.  N.  Stranahan,  of  the  United  States;  Sefior  Don  N.  Bolet  Peraza,  of 
Honduras;  Senor  Don  James  E.  Davis,  of  Guatemala;  Senor  Don 
Jorge  E.  Zalles,  of  Bolivia. 

General  Spaulding  requested  Senor  Pierra,  first  vice-president,  to 
take  the  chair  while  he  conferred  with  the  delegates  in  regard  to  the 
appointment  of  the  above  committee. 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  35 


REPORT   OF   COMMITTEE   ON   FUTURE   CONGRESSES   AND   PERMANENT 

ORGANIZATION. 

On  motion  of  Senor  Lopez,  of  El  Salvador,  the  congress  took  up 
for  consideration  the  report  of  the  committee  on  future  congresses 
and  permanent  organization,  which  is  as  follows: 

To  THE  International  Customs  Congress  op  American  States: 

Your  committee  on  future  congresses  respectfully  reports  that  it  has  carefully  con- 
sidered that  portion  of  the  programme  of  the  congress  comprised  in  Division  IV  and 
therein  set  forth  as  follows: 

"Division  IV.  Future  congresses  and  permanent  organization.  1.  Organization 
of  a  permanent  customs  commission.  2.  Advisability  of  determining  definite 
periods  for  the  assembling  of  future  customs  congresses." 

Your  committee  is  clearly  of  the  opinion  that  the  next  customs  congress  should 
be  held  in  the  city  of  Washington,  for  the  reason  that  all  desirable  documents  and 
papers  to  which  the  congress  should  have  access  are  there  available,  and  for  the  fur- 
ther reason  that  in  that  city  all  of  the  countries  interested  are  officially  represented; 
and  your  committee  is  of  the  opinion  that  the  date  of  the  meeting  thereof  should  be 
left  to  the  board  of  directors  of  the  International  Bureau  of  the  American  Republics, 
but  it  is  suggested  that  the  same  be  held  as  soon  after  the  completion  of  the  publi- 
cation hereinafter  recommended  as  practicable. 

Your  committee  does  not  at  this  time  deem  it  advisable  to  recommend  definite 
periods  for  the  assembling  of  future  customs  congresses,  but  prefers  that  that  subject 
should  be  left  to  the  next  congress,  when  the  work,  it  is  hoped,  will  be  better  in 
hand;  but  it  is  respectfully  suggested  that  at  that  time  some  definite  plan  for  future 
congresses  be  adopted. 

The  present  congress  has  suffered  from  the  lack  of  data  showing  the  present  laws 
and  regulations  in  customs  matters  of  the  various  countries  represented.  In  order 
that  such  subjects  may  intelligently  be  considered  by  such  a  body  as  this,  it  is  be- 
lieved to  be  desirable  that  such  matter  relating  to  each  country  should  be  published 
in  such  form  as  to  enable  the  congress  to  make  ready  comparison. 

It  is  therefore  respectfully  recommended  that  the  board  of  directors  of  the  Inter- 
national Bureau  of  the  American  Republics,  through  a  commission  appointed  by  it  as 
soon  as  practicable,  cause  to  be  prepared  and  printed,  in  English,  Spanish,  and  Por- 
tuguese, such  a  compilation,  giving  in  succinct  form  the  practice  of  each  country 
upon  the  subjects  of  vessels,  merchandise,  and  the  nomenclature  in  use. 

With  reference  to  the  proposition  for  the  creation  of  a  permanent  customs  com- 
mission, referred  to  your  committee  and  suggested  by  a  resolution  of  the  Second 
International  Congress,  held  in  the  City  of  Mexico,  your  committee  is  of  the  opinion 
that  the  end  sought  to  be  accomplished  by  this  conference  is  not  suflEiciently  far 
advanced  to  warrant  the  congress  in  taking  definite  action  thereon  at  the  present 
time,  but  believes  that  such  a  course  will  eventually  prove  practicable  and  useful, 
and  may  properly  be  considered  by  the  next  congress  when  it  shall  have  access  to 
the  data  above  mentioned. 

Therefore  we  recommend  to  the  congress  the  adoption  of  the  following  resolutions: 

First.  That  a  commission  be  appointed  by  the  board  of  directors  of  the  Interna- 
tional Bureau  of  the  American  Republics,  as  soon  as  practicable,  whose  duty  it  shall 
be  to  prepare  and  have  printed,  in  English,  Spanish,  and  Portuguese,  a  compilation 
in  succinct  form,  giving  the  practice  of  each  country  upon  the  subjects  of  vessels, 
merchandise,  and  the  nomenclature  in  use  therein,  such  publication  to  be  arranged 
in  form  to  afford  ready  comparison. 

Second.  That  the  next  session  of  this  congress  convene  in  the  city  of  Washington 
as  soon  after  the  completion  of  the  foregoing  compilation  as  possible,  the  same  to  be 
called  by  the  board  of  directors  of  the  International  Bureau  of  the  American 
Republics. 

Third.  That  the  question  of  the  definite  meetings  of  future  congresses  and  the 
appointment  of  a  permanent  customs  commission  be  referred  to  the  next  congress. 

On  motion,  the  recommendations  contained  in  the  report  were  con- 
sidered seriatim. 

The  first  recommendation  of  the  report  was  adopted  by  roll-call  vote, 
and  reads  as  follows: 

That  a  commission  be  appointed  by  the  board  of  directors  of  the  International 
Bureau  of  the  American  Republics  as  soon  as  practicable,  whose  duty  it  shall  be  to 


36  FIRST    CUSTOMS    CONGRESS    OF   AMElilCAN    REPUBLICS. 

prepare  and  have  printed,  in  English,  Spanish,  and  Portuguese,  a  compilation  in 
succinct  form,  giving  the  practice  in  each  country  upon  the  subject  of  vessels,  mer- 
chandise, and  the  nomenclature  in  use  therein,  each  publication  to  be  arranged  in 
form  to  afford  ready  comparison. 

During  the  consideration  of  the  second  recommendation  the  dele- 
gate from  Uruguay,  Sefior  Dr.  Don  Luis  Alberto  de  Herrera,  pro- 
posed that  the  next  customs  congress  should  be  convened  in  the  city 
of  Habana,  Cuba,  as  it  was  the  most  accessible  of  the  Southern  Repub- 
lics, and  he  deemed  it  a  compliment  which  should  be  paid  to  the 
youngest  of  the  Republics  by  the  older  nations.  He  therefore  moved 
that  the  second  recommendation  of  the  committee  on  future  congresses 
be  amended  so  as  to  provide  that  the  place  of  meeting  of  the  next 
congress  be  changed  from  Washington  to  Habana,  Cuba. 

The  delegate  from  Cuba,  Senor  Pierra,  thanked  the  delegate  from 
Uruguay  for  making  this  suggestion,  and  said  he  was  sure  his  Govern- 
ment would  be  very  glad  to  entertain  the  next  customs  congress  in  the 
city  of  Habana,  if  that  were  chosen  as  the  place  of  meeting. 

Gen.  N.  Bolet  Peraza,  of  Honduras,  said  that  while  it  had  been  the 
custom  of  the  Pan-American  conferences  to  hold  meetings  from  year 
to  year  at  the  capitals  of  the  different  countries  represented,  it  must 
be  remembered  that  this  congress  is  not  a  Pan-American  conference. 
It  is  a  congress  which  has  a  great  deal  of  work  to  do  which  can  best 
be  performed  in  Washington,  where  all  the  records  and  statistics  com- 
piled by  the  International  Bureau  of  the  American  Republics  are  at 
hand,  and  where  all  the  Governments  of  the  American  Republics 
are  officially  represented. 

A  vote  by  roll  call  was  taken  upon  the  motion  to  amend  the  secon  1 
recommendation  of  the  committee  by  providing  that  the  next  congress 
convene  in  Habana,  Cuba,  and  it  was  declared  lost. 

The  roll  was  then  called  on  the  adoption  of  the  second  recommenda- 
tion of  the  committee,  and  it  was  adopted  as  follows: 

That  the  next  session  of  this  customs  congress  convene  in  the  city  of  Washington 
as  soon  after  the  completion  of  the  foregoing  compilation  as  possible,  the  same  to  be 
called  by  the  board  of  directors  of  the  International  Bureau  of  the  American 
Republics. 

The  third  recommendation  of  the  committee  on  future  congresses 
and  permanent  organization  was  then  adopted  as  follows: 

That  the  question  of  the  definite  meetings  of  future  congresses  and  the  appointment 
of  a  permanent  customs  commission  be  referred  to  the  next  congress. 

Chairman  Spaulding  announced  the  appointment  of  the  special  com- 
mittee to  consider  the  Argentine  resolutions,  as  above  stated. 

Delegate  Fischer,  of  the  United  States,  extended  an  invitation  from 
the  State  Department  of  the  United  States  to  the  delegates  to  the  cus- 
toms congress  to  attend  a  dinner  at  Delmonico's,  Fifth  avenue  and 
Forty-fourth  street,  at  7  o'clock  p.  m. ,  Thursda3^,  22d  instant. 

On  motion,  the  congress  adjourned  until  2  o'clock  p.  m.,  Thursday, 
January  22,  1903,  in  the  governor's  room,  city  hall.  New  York. 

P.  M.  DEL  Paso,  Secretary. 
E.  T.  Chamberlain,  Se(yretary. 
W.  P.  Montgomery,  Assistant  Secreta/ry, 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  37 

Governor's  Room,  City  Hall, 

New  York,  January  ^^,  190S, 

The  customs  congress  convened  its  fifth  session  at  2.15  p.  m.,  Thurs- 
day, January  22,  1903,  in  the  governor's  room,  city  hall,  New  York. 

The  journal  of  the  fourth  session  on  the  20th  instant  was  read  and  cor- 
rected as  follows :  To  show  that  the  delegate  from  Bolivia  also  submit- 
ted the  customs  laws  and  the  tariff  of  his  country  together  with  a 
description  of  the  Customs  Procedure  in  Bolivia. 

The  journal  was  also  corrected  to  show  that  the  special  committee 
to  whom  was  referred  the  resolutions  offered  by  the  Argentine  Repub- 
lic consisted  of  7  delegates  appointed  by  the  chair. 

Gen.  N.  Bolet  Peraza  announced  that  the  consul-general  of  Nica- 
ragua, Mr.  A.  D.  Straus,  had  requested  him  to  report  that  he  had  been 
duly  appointed  a  delegate  to  this  customs  congress  by  his  Government 
and  asked  to  have  his  name  inscribed  in  the  attendance. 

Senor  Don  R.  S.  Lopez  reported  that  Senor  Don  Luis  F.  Corea,  of 
Nicaragua,  had  been  suddenly  called  to  Washington  and  could  not 
return  until  Monday  next.  The  delegate  from  Nicaragua  was  there- 
fore excused  from  attendance  at  the  further  sessions  of  the  congress. 

Referring  to  the  telegram  from  the  minister  of  Peru,  which  was  read 
at  the  third  session  of  the  congress  on  the  20th  instant,  Senor  Don 
Alberto  Falcon  was  present  at  this  session. 

REPORT   OF   COMMITTEE   ON   RECIPROCITY   RESOLUTIONS. 

The  chair  stated  that  a  communication  had  been  received  from  Seiior 
Dr.  Don  R.  Alvarez  de  Toledo,  delegate  from  the  Argentine  Republic, 
which,  being  in  Spanish,  was  read  to  the  congress  by  Secretary  del 
Paso,  who  translated  it  into  English,  in  substance,  aS" follows: 

New  York,  January  ^^,  1903, 
To  THE  Honorable  President 

OF  THE  American  Customs  Congress, 

Aldermanic  Chamher^  City  Hall,  New  York, 
Honorable  Mr.  President:  I  hereby  resign  my  commission  as  a 
delegate  from  the  Argentine  Republic  to  the  customs  congress.  I 
therefore  assume  that,  under  the  circumstances,  the  resolutions  offered 
by  me  at  the  session  of  the  congress  on  the  20th  instant  will  be  with- 
drawn. In  view  of  my  resignation,  I  am  unable  to  sign  the  report  of 
the  special  committee  to  which  the  resolutions  were  referred,  propos- 
ing that  the  different  Governments  represented  negotiate  reciprocity^ 
treaties. 

Therefore,  I  will  consider  the  resolutions  withdrawn  and  that  they 
will  not  appear  as  a  part  of  the  records  of  the  congress. 

With  assurances  of  my  distinguished  consideration  to  yourself  and 
the  honorable  delegates  from  the  American  Republics,  I  am. 
Very  respectfully, 

R.  A.  DE  Toledo, 
Delegate  from  Argentine  Republic, 

The  chairman  said  it  was,  of  course,  for  the  congress  to  determine 
whether  the  resolutions  could  be  withdrawn,  or  what  action  should  be 
taken  upon  them,  inasmuch  as  they  had  been  referred  to  a  special 
committee  which  was  ready  to  report  upon  the  subject  at  this  session. 


38  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

On  motion,  the  report  of  the  special  committee  was  received,  and  is 
as  follows: 

New  York,  January  22,  1903. 
To  THE  Customs  Congress  of  the  American  Republics: 

Your  special  committee  appointed  by  the  chair  at  the  session  lield  on  the  20th  of 
January,  1903,  to  consider  the  resolutions  offered  by  the  honorable  delegate,  Seiior 
Dr.  Don  R.  Alvarez  de  Toledo,  representing  the  Argentine  Republic,  respectfully 
reports: 

That  they  have  carefully  considered  the  aforesaid  resolutions,  hereto  annexed  and 
made  part  of  this  report. 

That  your  committee  entirely  sympathizes  with  the  spirit  of  the  said  resolutions 
so  far  as  their  purport  is  to  extend  and  cement  the  political  and  commercial  relations 
between  the  American  Republics,  and  earnestly  desires  the  material  prosperity  and 
political  security  and  integrity  of  all  the  countries  represented.  Your  committee 
believes  that  the  matters  involved  in  the  resolutions  call  for  the  exercise  of  the 
treaty-making  power  of  the  countries,  and  are  hence  foreign  to  the  jurisdiction  of 
this  congress. 

We  therefore  recommend  that  the  congress  refrain  from  definite  action  upon  the 
various  recommendations  contained  in  the  resolutions,  but  that  the  same,  together 
with  the  report  of  this  committee,  be  respectfully  referred  to  the  Governments  of 
the  various  countries  represented,  and  therefore  recommend  the  adoption  of  the 
following  resolution: 

^^  Resolved,  That  the  resolutions  offered  by  the  honorable  delegate,  Seiior  Dr.  Don 
R.  Alvarez  de  Toledo,  representing  the  Argentine  Republic  in  the  customs  congress 
of  the  American  Republics,  on  January  20,  1903,  together  with  the  report  of  the 
committee  thereon,  be  respectfully  referred  by  the  congress  to  the  Governments  of 
the  various  American  countries  for  such  action  as  to  them  may  seem  proper. ' ' 

Respectfully  submitted. 

Seiior  Don  F.  G.  Pierra,  of  Cuba,  moved  that  the  report  of  the 
committee  be  laid  on  the  table  for  consideration  without  definite  date. 

This  motion  was  seconded  by  Seiior  Ulloa,  of  Guatemala,  who  con- 
sidered the  subject-matter  of  these  resolutions  as  beyond  the  scope  of 
the  customs  congress.  Senor  Lopez,  of  El  Salvador,  supported  the 
motion  on  the  ground  that  the  congress  was  not  empowered  to  act  on 
the  resolutions. 

The  roll  was  called  on  the  adoption  of  the  motion  to  lay  the  report 
and  recommendations  of  the  special  committee  on  the  table,  and  it  was 
declared  adopted. 

The  delegate  from  Venezuela,  Seiior  Don  Augusto  F.  Pulido,  stated 
that  it  was  with  profound  regret  that  he  would  be  obliged  to  tempora- 
rily withdraw  from  the  important  deliberations  of  this  congress  owing 
to  the  unhappy  circumstances  now  happening  in  his  country,  which 
required  his  immediate  presence  in  Washington. 

The  delegate  from  Ecuador  moved  that  the  congress  grant  the 
request  of  the  delegate  from  Tenezuela,  and  regrets  the  unfortunate 
circumstances  which  compelled  his  return  to  Washington. 

This  motion  was  adopted. 

REGULATIONS   GOVERNING   MERCHANDISE   IN   TRANSIT. 

The  delegate  from  Bolivia,  Seiior  Don  Jorge  E.  Zalles,  submitted  the 
following  preamble  and  resolution,  which  were  duly  seconded: 

Whereas  the  second  Pan-American  conference  at  the  City  of  Mexico,  in  its  resolu- 
tion of  January  22,  1902,  Paragraph  II,  Letter  F,  recommends  simplicity  and  uni- 
formity of  the  custom-house  regulations  governing  merchandise  in  transit  through 
the  territory  of  one  country  when  destined  for  use  or  consumption  in  another,  or 
other  countries  observing  the  principles  of  free  commercial  transit  on  the  ^errestrial 
and  fluvial  highways  of  the  nations  of  America,  without  collecting  duties  or  charges 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  39 

other  than  those  which  represent  a  just  compensation  for  services  rendered,  but  sub- 
ject to  all  the  formalities  in  force  in  the  country  which  grants  the  transit; 

Whereas  the  object  of  the  present  congress  being  the  adoption  of  measures  to 
facilitate  the  commercial  regulations  of  the  American  Republics,  including  the  free 
transit  of  merchandise  as  one  of  these  measures:  Therefore, 

Resolved,  That  the  principle  of  free  international  transit  for  merchandise  through 
the  territory  of  one  country  destined  for  use  or  consumption  in  another  or  other 
countries  by  terrestrial  or  fluvial  highways  of  the  American  Republics,  is  approved  by 
the  customs  congress,  which  recommends  to  the  Governments  of  the  American 
Republics  the  enactment  of  measures  to  make  effective  that  principle. 

On  roll  call  the  foregoing-  preamble  and  resolution  were  declared 
unanimously  adopted. 

REPORT    OF   COMMITTEE    ON   NOMENCLATURE. 

The  committee  on  nomenclature  submitted  a  communication  from 
the  Department  of  State  to  the  chairman  of  the  congress,  dated  Wash- 
ington, D.  C,  January  19,  1903,  transmitting  copy  of  letter  from  the 
Secretary  of  the  Treasury,  requesting  that  certain  additional  informa- 
tion be  given  in  the  next  edition  of  the  Code  of  Commercial  Nomencla- 
ture, published  by  the  International  Bureau  of  American  Republics. 

The  committee  requested  that  this  correspondence  be  referred  to 
the  International  Bureau  of  the  American  Republics  along  with  its 
report  previously  submitted. 

By  direction  of  the  chairman  this  correspondence  will  be  transmitted 
to  the  International  Bureau  of  the  American  Republics. 

REPORT   OF   COMMITTEE   ON   VESSELS. 

Senor  Don  Fidel  G.  Pierra,  acting  chairman  of  the  committee  on 
vessels,  presented  the  following  resolution  recommended  by  the  com- 
mittee for  adoption  by  the  customs  congress: 

Resolved,  That  in  order  to  facilitate  the  prompt  dispatch  of  vessels  the  customs 
congress  of  the  American  Republics  recommends  to  the  Governments  represented 
that  instructions  be  issued  to  collectors  of  customs  to  authorize,  on  request,  the 
preparation  of  outward  cargoes  in  advance  of  the  arrival  of  the  vessel,  subject  to 
necessary  customs  regulations. 

Senor  Pierra  explained  that  the  general  rule  is  that  no  cargo  intended 
for  export  can  be  deposited  on  the  wharves  or  anywhere  for  the  pur- 
pose of  being  taken  on  board  vessels  until  the  vessels  arrive.  This  is 
a  great  inconvenience  in  those  countries  where  this  rule  prevails,  and 
in  order  to  obviate  this  as  far  as  possible  the  committee  on  vessels 
recommended  the  adoption  of  the  foregoing  resolution. 

A  vote  by  roll  call  was  then  taken,  and  it  was  declared  unanimously 
adopted. 

Senor  Pierra  then  submitted  the  foiiowing  resolution  recommended 
for  adoption  by  committee  on  vessels: 

Resolved,  That  the  customs  congress  of  the  American  Republics  recommends  to 
the  Governments  represented  that  instructions  be  issued  to  permit  the  loading  and 
unloading  of  vessels  during  the  night  in  such  cases  as  conditions  may  allow,  and  in 
the  discretion  of  the  duly  constituted  authorities. 

On  roll  call  this  resolution  was  unanimously  adopted. 
Senor  Pierra  said  the  committee  on  vessels  also  recommended  the 
adoption  of  the  following  resolution: 

Resolved,  That  the  customs  congress  of  the  American  Republics  recommends  to  the 
Governments  represented  that  instructions  be  issued  to  permit  the  loading  and 
unloading  of  vessels  on  holidays,  Sundays  included,  except  national  holidays. 


40  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 

This  resolution  was  adopted  on  roll  call. 

The  committee  on  vessels  also  recommended  the  adoption  of  the 
following  resolution: 

Resolved,  That  the  customs  congress  of  the  American  RepubUcs  recommends  to  the 
Governments  represented  that  instructions  be  issued  to  permit  the  simultaneous 
loading  and  unloading  of  cargoes  on  and  from  the  same  vessel. 

Senor  Lopez,  of  El  Salvador,  stated  that  such  permission  was  usually 
granted  in  all  countries,  and  he  thought  the  resolution  unnecessary. 

Senor  Pierra  said  some  countries  did  not  grant  the  permission. 

The  resolution  was  adopted  by  roll-call  vote. 

Senor  Pierra  then  submitted  the  following  preamble  and  resolation, 
which  the  committee  on  vessels  recommended  for  adoption : 

Whereas  the  first  customs  congress  of  the  American  Republics  reports  that  the 
general  practice  of  the  principal  maritime  nations  is  to  employ  net  register  tonnage 
as  the  basis  of  national  charges  on  vessels,  as  distinguished  from  local  and  individual 
charges,  and  that  the  selection  of  net  tonnage  as  the  basis  appears  to  improve  the 
conditions  of  labor  at  sea  and  to  promote  more  rapid  communication  between  differ- 
ent countries:  Therefore, 

Resolved,  That  the  congress  recommends  to  the  Governments  of  the  Republics 
represented,  notwithstanding  the  recommendation  made  by  the  Second  International 
Conference  held  in  the  City  of  Mexico  in  January,  1902,  that  gross  tonnage  should 
be  the  basis  of  shipping  charges,  that  those  Governments,  so  far  as  practicable,  adopt 
net  register  tonnage  as  the  basis  of  national  charges  on  vessels. 

On  roll  call  the  foregoing  resolution  was  declared  adopted. 

» 

REPORT    OF    COMMITTEE    ON   MERCHANDISE. 

Mr.  Couch,  on  behalf  of  the  committee  on  merchandise,  submitted 
the  following  additional  report  of  that  committee,  which  was  read  in 
Spanish  and  in  English,  and  ordered  made  a  part  of  the  records  of 
the  congress: 

The  committee  appointed  to  study  the  matter  in  regard  to  merchandise.  Division 
II  of  the  programme  approved  for  the  proceedings  of  the  congress,  have  the  honor  to 
report: 

That  in  compliance  with  the  resolutions  of  the  session  of  the  20th  instant,  its 
former  report  is  enlarged. 

The  committee,  besides  the  reports  of  the  delegates  from  the  United  States  and 
Mexico,  referred  to  in  its  previous  communication,  have  received  the  report  of  the 
delegate  of  Cuba,  extensively  dealing  with  the  same  subjects  taken  up  in  the  two 
aforesaid  reports.  It  has  also  received  certain  amount  of  data  presented  by  the  del- 
egate from  Bolivia,  and  one  copy  of  the  imports  tariff  in  force  in  Uruguay,  together 
with  its  supplement,  presented  by  the  delegate  of  said  Republic. 

The  lack  of  data  in  regard  to  the  other  countries  is  the  cause  why  the  committee 
can  not  perform  the  work  that  it  would  like  to  do  of  making  a  general  comparison 
of  the  proceedings  of  the  different  countries  in  relation  to  merchandise  to  be  imported 
into  them,  in  order  to  suggest  what  it  may  be  the  most  proper  thing  to  recommend 
from  every  one  of  the  reports  submitted  and  what  it  may  be  necessary  to  reform  in 
behalf  of  international  trade,  but  as  far  as  this  work  can  not  be  done  at  present,  but 
having  in  view  to  be  carried  on  in  the  near  future,  the  committee,  bearing  in  mind 
the  recommendation  made  to  every  country  to  provide  the  data  concerning  to  each 
one  of  them,  the  committee,  however,  wish  to  enter  into  a  few  general  considera- 
tions and  to  submit  several  resolutions  to  the  congress,  also  on  general  terms,  upon 
the  matters  subject  to  its  study. 

The  policy,  almost  general,  of  all  the  American  countries,  is  that  shipments  of  mer- 
chandise to  any  of  them  should  be  accompanied  with  a  declaration  from  the  shipper 
of  the  goods,  stating  certain  details  in  regard  to  the  merchandise  to  be  imported,  viz, 
weights,  measures,  or  number  of  pieces  under  the  unit  chosen  for  their  classification, 
and  other  details  intended  to  enlighten  the  custom-house  of  destination  about  the 
class  and  quantity  of  the  imported  goods  so  it  may  figure  exactly  or  approxi- 
mately the  amount  of  duties  to  be  collected  before  the  making  of  the  entry  or  revi- 
sion oi  the  packages.  These  declarations  are  called  consular  invoices.  The  regulations 
of  several  countries  require  said  declarations  to  be  made  so  accurately  and  so  closely 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  41 

with  the  nomenclature  used  in  their  tariffs  that  this  requisite  constitutes  in  itself  a 
serious  drawback  to  the  shippers,  as  it  imposes  upon  them  the  duty  of  knowing  per- 
fectly the  custom  technology  of  the  country  the  merchandise  is  shipped  to.  Should 
they  fail  to  comply  with  this,  they  are  liable  to  bear  the  fines  incurred  by  such 
errors,  although  they  are  committed  without  the  least  idea  of  fraud. 

The  idea  of  the  abolishing  the  consular  invoices  has  been  suggested  to  the  com- 
mittee, but  the  same  committee  have  not  deemed  advisable  to  make  this  recom- 
mendation, because  the  amount  of  the  collection  from  the  consular  certifications  is 
considered  as  part  of  the  ways  and  means  in  the  expenditure  bills  of  every  country 
and  generally  is  used  to  cover,  in  part  at  least,  the  expense  for  the  maintenance  of 
the  consular  corps. 

Another  of  the  subjects  studied  by  the  committee  is  that  of  international  transit 
through  the  territory  of  a  nation  by  goods  intended  to  be  consumed  in  another  one. 
Some  of  the  countries,  by  their  special  situation,  by  the  importance  of  their  ways  of 
communication,  or  by  other  circumstances  not  worth  to  be  mentioned  in  here,  show 
better  commodities  for  such  a  traffic  on  account  of  the  saving  of  time  and  freight 
charges  through  their  territory  over  the  direct  transportation  from  the  exporting 
nation  to  the  importing  one.  Some  of  the  countries  have  in  their  legislation  liberal 
franchises  for  such  traffic,  but  some  of  them  try  to  restrain  it,  either  because  they 
require  a  bulky  documentation  for  the  goods  in  transit  or  because  they  impose  very 
heavy  duties  on  those  goods  in  transit  that  are  thus  overtaxed  and  make  the  saving 
on  freight  on  that  route  unavailable.  The  encouragement  of  international  transpor- 
tation of  merchandise  is  commendable  because  it  undoubtedly  constitutes  a  conven- 
ience not  only  for  the  country  of  destination,  but  also  for  the  country  the  goods  are 
transported  through,  as  it  affords  activity  to  the  transportation  roads  and  work  for 
the  people  handling  the  goods.  The  United  States  have  understood  this  and  give 
all  kinds  of  facilities  to  the  transit  of  merchandise  to  Canada  and  to  Mexico. 
Uruguay  does  the  same  toward  the  great  quantity  of  goods  passing  through  her  ter- 
ritory for  Brazil. 

Taking  in  consideration  all  the  above-mentioned  arguments,  the  committee  have 
the  honor  to  submit  to  the  approval  pf  the  congress  the  following  resolution: 

The  customs  congress  recommends^  to  the  American  Republics  a  reform  in  their 
custom-house  regulations  as  far  as  it  may  be  necessary  to  attain  the  following  results: 

First.  To  give  the  utmost  facilities  to  foreign  goods  coming  into  the  jurisdiction  of 
the  country  to  which  they  are  intended  to  be  imported. 

Second.  To  simplify  as  much  as  possible  the  original  declarations  that  have  to  be 
made  in  the  place  of  manufacture,  specially  in  regard  to  the  wording  of  consular 
invoices,  and  have  these  documents  made  as  simple  as  possible,  in  order  to  save  the 
shippers  fines  or  responsibilities  incurred  by  imperfect  declarations,  while  made 
without  any  intention  of  fraud- 
Third.  To  facilitate  either  to  the  shippers  or  the  importers  the  rectification  of 
errors  or  differences  that  may  occur  in  the  shippers'  declarations  without  being  liable 
to  penalties. 

Fourth.  To  facilitate  international  traffic  of  foreign  merchandise  through  different 
countries,  simplifying  as  much  as  possible  the  customs  documentation  that  is  neces- 
sary for  such  operation,  taking,  at  the  same  time,  all  necessary  precautions  to  pre- 
vent fraud.  Also  to  allow  to  pass  without  paying  transit  taxes  the  goods  subject 
to  such  taxes  wherever  said  exemption  may  be  suitable  to  the  resources  and 
economical  conditions  of  the  country  they  are  going  through. 

The  committee  respectfully  submit  to  the  congress  decision  the  subjects  men- 
tioned above. 

Sefior  Don  Alberto  Falcon,  delegate  from  Peru,  in  regard  to  the 
consular  fees  which  the  committee  seemed  to  consider  a  source  of 
revenue  to  the  various  countries,  said  that  it  was  perfectly  practicable 
to  pay  these  fees  without  an}^  necessity  for  consular  invoices,  the 
preparation  of  which  requires  a  great  deal  of  red  tape  and  unnecessary 
delay,  and  from  the  higher  standpoint  of  facilitating  the  commercial 
intercourse  between  the  various  American  Republics,  Senor  Falcon 
thought  the  suppression  of  consular  invoices  would  be  very  beneficial. 
The  Argentine  Republic  does  not  now  require  them,  and  they  could 
be  abandoned  in  all  the  countries  without  lessening  the  income  derived 
from  consular  fees. 

The  roll  was  then  called  upon  the  adoption  of  the  report  and  recom- 
mendations of  the  committee  on  merchandise,  as  printed  above,  and 
the  same  were  declared  unanimously  adopted. 


42  FIRST   CUSTOMS   CONGRESS   OF   AMERICAN   REPUBLICS. 


CUSTOMS   PROCEDURE   IN   GUATEMALA. 

Senor  Don  James  E.  Davis,  delegate  from  Guatemala,  filed  with 
the  secretary  a  copy  of  the  customs  procedure  and  rules  of  the  Repub- 
lic of  Guatemala,  which  the  chair  ordered  filed  and  printed  as  a  part 
of  the  records  of  this  congress. 

ADJOURNMENT. 

Senor  Don  James  E.  Davis,  of  Guatemala,  then  said:. 

Inasmuch  as  there  appears  to  be  no  further  business  for  the  congress  to  transact, 
and  for  the  further  reason  that  some  of  the  delegates  are  leaving,  and  others  who 
are  not  present  to-day  will  not  be  here  until  the  first  of  next  week,  I  move  that  the 
customs  congress  do  now  adjourn  sine  die. 

Senor  Pierra,  of  Cuba,  called  attention  to  the  fact  that  the  full  pro- 
ceedings of  the  customs  congress  had  not  been  approved  and  signed  by 
all  the  delegates  and  suggested  the  propriety  of  holding  another 
session  for  this  purpose. 

Secretary  Chamberlain  said,  in  view  of  the  absence  of  some  of  the 
delegates  who  had  been  obliged  to  return  to  Washington  and  elsewhere, 
that  a  digest  of  the  action  of  the  customs  congress  would  be  prepared 
in  Washington  and  sent  to  the  several  delegates  for  their  approval  and 
signatures. 

A  resolution  of  thanks  to  the  officers  of  the  congress  was  adopted. 

Senor  Don  Jorge  E.  Zalles,  of  Bolivia,  then  offered  the  following 
resolutions,  which  were  unanimously  adopted: 

Resolved,  That  the  customs  congress  of  American  Republics,  on  the  eve  of  final 
adjournment,  desires  to  record  its  appreciative  gratitude — 

To  the  governing  directors  and  the  International  Bureau  of  the  American  Republics 
for  preliminary  work  in  the  organization  of  the  congress; 

To  the  honorable  the  Secretary  of  State  of  the  United  States  of  America  for  assist- 
ance rendered  in  the  assemblage  of  the  congress; 

To  the  honorable  the  Secretary  of  the  Treasury  of  the  United  States  of  America  for 
his  able  inaugural  address; 

To  the  honorable  the  mayor  of  the  city  of  New  York  for  his  cordial  welcome;  to 
the  board  of  aldermen  for  the  use  of  the  city  hall  of  New  York,  and  to  the  honorable 
the  clerk  of  the  city  of  New  York  for  courtesies  extended  to  the  congress  during  its 
sessions. 

The  secretaries  were  requested  to  transmit  copies  of  the  foregoing 
action  to  the  gentlemen  designated  in  the  resolutions. 

A  vote  was  then  taken  on  the  motion  to  adjourn  sine  die  and  it  was 
adopted. 

In  closing  the  session,  the  chairman.  General  Spaulding,  said: 

Gentlemen  of  the  Congress:  The  Chair  desires  to  thank  you  for  your  generous 
approval  as  expressed  in  the  resolutions  just  adopted.  Whatever  success  the  Chair 
has  attained  as  your  presiding  ofiicer  has  been  through  your  courtesy,  forbearance, 
and  kindly  consideration. 

Wishing  you  all  a  safe  return  to  your  homes,  I  now  declare  this  Congress  adjourned 
sine  die. 

Adjourned  4.15  p.  m.,  Thursday,  January  22,  1903. 
P.  M.  DEL  Paso,  Secretary, 
E.  T.  Chamberlain,  Secretary. 
W.  P.  Montgomery,  Assistant  Secretary, 


FIRST   CUSTOMS   CONGRESS   OF    AMERICAK   REPUBLICS.         43 


REPORT  OF   COMMITTEE   ON   NOMENCI.ATURE. 

The  committee  on  nomf»nclature  submitted  a  communication  from 
the  Department  of  State,  dated  Washington,  D.  C,  January  19,  trans- 
mitting copy  of  letter  from  the  Secretary  of  the  Treasury,  requesting 
that  certain  additional  information  be  given  in  the  next  edition  of  the 
Code  of  Commercial  Nomenclature  published  by  the  International 
Bureau  of  the  American  Republics. 

The  committee  requested  that  this  correspondence  be  referred  to 
the  International  Bureau  of  the  American  Republics  along  with  its 
report  previously  submitted. 

By  direction  of  the  chairman  this  correspondence  will  be  transmitted 
to  the  International  Bureau  of  the  American  Republics. 

Department  of  State, 
Washington,  January  19,  1903. 
Sir:  I  inclose  heYewith  a  copy  of  a  letter  from  the  Secretary  of  the  Treasury 
requesting  that  certain  additional  information  be  given  in  the  next  edition  of  the 
Code  of  Commercial  Nomenclature  published  by  the  International  Bureau  of  the 
American  Republics. 

The  Director  of  the  International  Bureau  of  the  American  Republics,  whose  views 
in  the  matter  were  requested  by  this  Department,  suggests  that,  as  this  is  one  of  the 
questions  to  be  discussed  by  the  Pan-American  Customs  Congress,  a  copy  of  the 
Treasury  Department's  letter  be  sent  to  you. 

Requesting  such  answer  as  will  enable  the  Department  to  reply  to  the  letter  of  the 
Secretary  of  the  Treasury, 

I  am,  sir,  your  obedient  servant,  David  J.  Hill, 

Acting  Secretary. 
O.  L.  Spaulding,  Esq., 

Chairma7i  of  the  Delegation  of  the  United  States  to  the 

Pan-American  Customs  Congress,  Aldermanic  Chambers,  New  York  City. 

Treasury  Department,  Office  of  the  Secretary, 

Washington,  January  8,  1903. 

Sir:  In  accordance  with  division  "third"  of  the  resolution  of  the  Second  Inter- 
national American  Conference,  copy  of  which  was  transmitted  with  your  communi- 
cation of  March  11  last,  concerning  the  adoption  of  a  common  nomenclature  of 
products  and  merchandise  of  the  American  Republics  in  English,  Spanish,  Portu- 
guese, and  French,  I  have  the  honor  to  state  that  the  chief  officers  of  the  customs  at 
the  several  ports  throughout  the  United  States  were  requested  to  submit  such  expres- 
sion of  views  as  they  might  deem  proper  in  the  premises. 

Most  of  the  officers  communicated  with  concur  in  the  opinion  that  the  code  of 
commercial  nomenclature,  published  by  the  International  Bureau  of  the  American 
Republics  in  August,  1897,  by  recommendation  of  the  first  International  American 
Conference,  is  of  considerable  value  to  interested  parties  and  of  great  assistance  in 
facilitating  the  dispatch  of  customs  business  where  the  documents  required  on  entry 
of  merchandise  are  in  the  foreign  languages  mentioned. 

It  is  suggested  that  any  new  publication  of  the  character  referred  to  contain  trans- 
lations of  the  numerous  phrases  sometimes  found  in  consular  invoices  nondutiable 
charges,  such  as  consular  fees,  drayage  or  cartage,  freight  charges,  packages,  pack- 
ing, etc. ,  and  that  an  appendix  be  published  for  the  benefit  of  American  exporters, 
containing  information  in  regard  to  the  requirements  of  entries,  invoices,  manifests, 
declarations,  and  such  other  papers  as  may  be  required  on  the  entry  of  merchan- 
dise at  the  ports  of  the  countries  concerned. 

The  collector  of  customs  for  the  collection  district  of  Puget  Sound  reports  that  the 
principal  articles  of  export  from  that  district  to  the  Central  American  and  South 
American  Republics  are  sawed  lumber^  box  shooks,  laths,  and  other  sawmill  products, 
and  canned  goods. 

I  herewith  inclose  two  lists  received  from  the  collector  of  customs  at  Boston,  Mass., 
containing  the  names  of  articles  of  import  and  export  at  that  port  which  it  appears 
are  not  included  in  the  present  code  of  commercial  nomenclature. 
Respectfully, 

L.  M.  Shaw,  Secretary. 

The  Secretary  op  State. 


44 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 


Customs  Service,  Office  of  the  Collector, 

Boston^  Mass.,  June  ^^,  1902, 

Articles  of  import  not  appearing  in  the  present  Code  of  Commercial  Nomenclature. 


Aleuronah. 

Antipyrine. 

Aspinall's  enamel,  white. 

Asphalt  mastic. 

Bull  pizzle. 

Bean  stick. 

Bird  nests. 

Berry  carmine. 

Bate. 

Bleached  wheat. 

Bone  size. 

Buttercup  extract. 

Bird's  eggs. 

Benjer's  food. 

Brown's  chlorodyne. 

Boiler  compound. 

Black  oil. 

Charcoal. 

Chestnut  flour. 

Carbonized  coils. 

Clark's  cloth  balls. 

Christmas  trees. 

Carbon  packing. 

Cocoa  shells,  powdered. 

Cleansing  ball. 

Cachets. 

Clay  castors. 

Cocoa  husks.   • 

Color  oil. 

Cleansing  powder. 

Capsicine. 

Chrome  tanning  extract. 


Cod  roes. 

Du  Bary's  rurlintor. 

Dr.  Laville  liquor. 

Drying  liquid,  quick. 

Ebonite  liquid. 

Evergreen. 

Farina  imitation. 

Feather  pillows. 

Factice. 

Fox  berries. 

Fir  sticks. 

Gum  tragacanth  paste. 

Glossing  stuff. 

Gluten  flour. 

Gall  extract. 

Galvanized  coal. 

Gourds,  carved. 

Gingerine. 

Ghatti  gum. 

Horsehair  dye. 

Hooper's  pastiles. 

Hound  meal. 

India  rubber,  artificial. 

Inkermann. 

Konehek. 

Liquid  food. 

Lyle's  sirup. 

Lily  root  flour. 

Lemon  squash. 

Lentisco,  ground. 

Lights,  Crinkle's. 

Marine  glue  pitch. 


Mistletoe. 
Pitch,  medium. 
Palm  stearin  pitch. 
Silica  sand. 
Stearin  pitch. 
Vegetable  size. 
Vegetable  tallow. 
Viscord  block. 
Varnish,  powdered. 
Ostrich  eggs. 
Pitch,  hard. 
Pearl  softening. 
Pearl  hardening. 
Plum  pudding. 
Pine-tree  seeds. 
Pine-tree  kernels. 
Snails. 
Slow  match. 
Stone,  powdered. 
Spruce  spills. 
Soup  tablets. 
Satinite. 

Vinegar,  raspberry. 
Vulite. 

Welsbach's  mantles. 
Walnut  dye. 
Wheat  sheaves. 
Wafers,  paper. 
Wool  mordant. 
Yuba. 


Customs  Service,  Office  of  the  Collectoe, 

Boston,  Mass.,  June  24,  1902, 


Articles  exported  not  appearing  in  the  present  Code  of  Commercial  Nomenclature. 


Breadstuffs. 
Quaker  oats. 
Rolled  oats. 
Grape  nuts. 
Cream  of  wheat. 
Rolled  avena. 
Rolled  wheat. 


Wheatine. 

Carborundum,  ground. 
Carborundum  wheels. 
Carborundum  stones. 
Zinc  dross. 
Automobiles. 
Motor  cycles. 


Match  blocks. 
Corn  flour. 
Lard  compound. 
Cotton-seed  stearin. 
Coal  dust. 
Piano  players. 


APPENDIX  A. 


CUSTOM-HOUSES  OF  BOLIVIA. 


The  importation  and  exportation  commerce  of  Bolivia  is  carried  on 
through  the  custom-houses  of  La  Paz,  Oruro,  Uyuni,  Port  Acre, 
Villa-Bella,  Port  Suarez,  Tupiza,  Tarija,  and  the  custom-house  agencies 
of  Arica,  Antofagasta,  and  Mollendo. 


NATIONAL   CUSTOM-HOUSE   OF   LA    PAZ. 


The  international  and  domestic  commerce  of  the  northern  and  cen  • 
tral  portions  of  the  Republic  is  developed  on  a  larger  scale  by  means  of 
this  custom-house,  it  being  the  one  that  produces  the  greatest  returns 
to  the  Bolivian  treasury. 


FIRST    CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS.  45 

The  national  commerce  of  Bolivia  is  carried  on  through  Arica  and 
Mollendo.  That  of  Arica,  which  is  relatively  small,  includes  Tacna, 
which  has  a  railway  service,  and  from  that  point,  passing  over  the 
mountain  chain  of  Tacora  to  La  Paz,  a  bridle  path  is  used.  The  Mol- 
lendo route,  over  which  the  principal  commerce  of  La  Paz  and  of  the 
provinces  situated  in  the  basin  of  Lake  Titicaca,  as  well  as  that  of  the 
mining  district  of  Corocoro,  is  carried  on,  includes  the  Desaguadero 
River,  which  is  navigable  for  boats  that  cross  Lake  Titicaca  to  the 
Peruvian  city  of  Puno,  from  which  point  there  is  a  railway  to  Mol- 
lendo via  Arequipa. 

Communication  will  be  more  direct  and  rapid  between  La  Paz  and 
Mollendo  when  the  Guaqui  Railway,  now  in  course  of  construction,  is 
completed. 

The  officers  of  the  custom-house  perform  their  duties  in  the  city  of 
La  Paz,  where  they  have  established  their  office.  When  the  Guaqui 
Railroad  is  opened  to  public  traffic,  the  office  force  will  be  transferred 
to  that  port,  where  there  is  being  constructed  for  the  purpose  adequate 
quarters  and  sufficient  accommodations  for  the  customs  service. 

NATIONAL   CUSTOM-HOUSE   OF   ORURO. 

This  custom-house  is  charged  with  the  inspection  of  merchandise 
nationalized  in  Chile,  which  is  imported  via  Antofagasta,  and  with  the 
dispatch  of  that  which  goes  in  transit  through  the  same  port.  It  is 
charged  also  with  the  collection  of  the  tax  on  the  exportation  of  ores. 
It  was  established  by  a  decree  of  July  29,  1892,  and  went  into  effect 
on  October  1  of  the  same  year. 

NATIONAL   CUSTOM-HOUSE   OF    UYUNI. 

This  custom-house,  besides  being  charged  with  the  collection  of 
customs  duties,  is  also  charged  with  the  collection  of  the  export  tax  on 
ores,  controlling  the  operations  of  the  custom-house  at  Antofagasta. 

NATIONAL   CUSTOM-HOUSE   OF   ACRE. 

The  commerce  of  the  national  territory  of  Colonias,  with  reference 
to  its  exports  and  imports,  is  dispatched  at  this  custom-house,  which, 
like  the  others  of  the  Republic,  collects  the  custom-house  duties  in 
conformity  with  the  customs  tariff  in  force. 

Port  Acre,  situated  on  the  left  bank  of  the  river  of  the  same  name, 
was  founded  on  January  3,  1899,  and  by  the  law  of  November  18, 
1896,  the  national  custom-house  was  established,  and  commenced  to 
operate  from  the  date  of  the  founding  of  the  port  called  "  Alonso." 

NATIONAL   CUSTOM-HOUSE   OF    VILLA    BELLA. 

By  decree  of  August  18,  1880,  this  custom-house  was  established 
under  the  name  of  Aduanilla,  and  by  the  supreme  resolution  of  May 
28,  1886,  it  was  raised  to  the  rank  of  a  national  custom-house.  It  is 
situated  in  the  north  of  the  Republic,  at  the  confluence  of  the  rivers 
Beni  and  Mamore. 

NATIONAL   CUSTOM-HOUSE   OF   PORT   SUAREZ. 

Supreme  resolution  of  eJuly  12,  1884,  ordered  that  the  Santiago 
custom-house,  in  the  department  of  Santa  Cruz,  be  transferred  to 
Port  Suarez,  in  the  same  department,  where  it  is  in  operation  at  the 


46  FIRST    CUSTOMS    CONGRESS    OF   AMERICAN    REPUBLICS. 

present  time.  Supreme  decree  of  February  9, 1893,  imposed  the  obli- 
gation of  disembarking  in  this  port  all  the  merchandise  intended  for 
the  consumption  of  the  Bolivian  towns  or  settlements  in  the  eastern 
territory  of  the  Republic. 

Port  Suarez  is  situated  on  the  Paraguay  River,  in  Caceres  Bay, 
opposite  the  Brazilian  village  of  Corumba. 

CUSTOM-HOUSE   AGENCY    AT   ANTOFAGASTA. 

This  custom-house  agenc}^  has  definite  powers  for  the  collection  of 
fiscal  duties  on  merchandise  imported  into  Bolivia.  The  supreme 
decree  of  May  10,  1887,  gave  it  the  character  of  a  collection  office. 

The  truce  agreement  governs  the  commercial  relations  between  Chile 
and  Bolivia,  and  in  accordance  therewith  foreign  merchandise  enjoys 
free  transit  and  dispatch  to  the  interior  of  this  Republic  under  the 
direction  of  the  custom-house  agency. 

Foreign  merchandise  reexported  from  Chile  is  imported  into  Bolivia 
by  means  of  a  waybill  or  dispatch  papers  that  the  custom-house  agency 
issues,  and  the  acknowledgment  and  classification  of  this  merchandise 
are  made  in  the  custom-houses  of  Uyuni  and  Oruro,  the  first  at  the 
terminal  of  the  railway  for  the  south  and  the  second  for  the  north. 
The  domestic  merchandise  of  Chile  is  imported  into  Bolivia  free  of 
duty,  and  is  dispatched  from  Antofagasta  in  the  same  manner  as 
foreign  merchandise  reexported. 

The  port  of  Antofagasta  belongs  to  the  coast  (littoral)  department 
of  Bolivia,  and  is  provisionall}^  occupied  by  Chile  as  a  result  of  the 
war  of  1879.  It  is  connected  with  the  interior  of  the  Republic  by  the 
railroad  which  runs  to  Oruro,  a  distance  of  924  kilometers. 

CUSTOMS   AGENCY   OF   ARICA. 

Since  1885  this  customs  agency  is  subject  to  the  administration  of 
Chile,  which  country,  according  to  the  treaty  of  Ancon,  was  to  occupy 
the  territory  for  ten  years. 

With  reference  to  the  receipts  from  this  custom-house  the  truce 
made  with  Bolivia  sets  aside  25  per  cent  for  the  Government  of  Chile 
for  the  customs  service  and  for  the  dispatch  of  merchandise  for  the 
consumption  of  Tacna  and  Arica;  40  per  cent  for  the  Chilean  creditors 
as  an  indemnity  for  damages  and  injuries  occasioned  by  the  sequestra- 
tion of  their  property  on  account  of  the  wai  of  1879,  and  for  the 
holders  of  bonds  of  the  loan  raised  in  Chile  in  the  year  1867,  and  35 
per  cent  to  the  Government  of  Bolivia. 

The  collection  of  duties  for  the  importation  of  merchandise  into 
Bolivia  is  made  in  conformity  with  the  Chilean  customs  tarift'  without 
being  subject  to  any  other  charges. 

Foreign  merchandise  entering  Chile  and  reexported  to  Bolivia 
through  the  port  of  Arica  is  considered  as  foreign  merchandise  for 
the  purposes  of  importation. 

The  Bolivian  Government  has  established  in  Arica  a  general  customs 
agency,  which  is  empowed  to  inform  itself  regarding  the  accounts  of 
the  Chilean  custom-house,  and  !s  authorized  in  addition  to  issue  way- 
bills for  the  importation  of  merchandise  into  Bolivia. 

CUSTOMS   AGENCY   AT   MOLLENDO. 

This  customs  agency  only  serves  as  a  place  of  transit  for  merchan- 
dise destined  to  Bolivia,  which  merchandise  is  classified  and  dispatched 
m  the  national  custom-houF;e  of  La  Paz. 


FIEST    CUSTOMS    CONGRESS    OF    AMERICAlvr   REPUBLICS.  47 


INTERNAL   CUSTOMS   REGULATIONS   OF  BOLIVIA. 

The  internal  customs  regulations  of  Bolivia  are  subject  to  the  organic 
law  and  general  customs  regulations  of  November  25,  1893,  and  Jan- 
uary 21,  1901,  respectively. 

The  classification  of  merchandise  is  subordinated  to  the  existing 
tariff,  which  tariff,  approved  by  the  national  congress,  is  effective  for 
eighteen  months  without  the  executive  power  being  able  to  make  any 
alteration  whatever  during  this  time. 

The  following  are  in  substance  their  fundamental  provisions: 

No  exemption  or  reduction  of  duties  in  general  shall  be  granted 
except  in  cases  expressly  covered  by  the  legislative  laws  or  resolu- 
tions. 

The  customs  officers  in  charge  of  the  collection  of  the  customs  duties 
are  empowered  to  verify  and  satisfy  themselves  of  the  correctness  of 
the  operations  confided  to  their  care,  and  the  importers  of  merchan- 
dise and  other  goods  are  obliged  to  present  all  necessary  proofs  that 
may  conduce  to  the  proper  investigations  that  are  to  be  made. 

Objects  of  value  that  can  not  be  estimated  shall  be  considered  as 
samples.  So  also  objects  which  have  value  but  which  come  loose  in 
pieces  or  kind  or  which  contain  packages  as  samples  of  a  cargo  shall 
be  considered  as  samples. 

Foreign  merchandise  that  is  imported  into  Bolivia  must  pay  to  the 
respective  custom-house,  in  conformity  with  the  customs  regulations, 
the  duties  fixed  by  the  customs  tariff. 

The  articles  catalogued  in  the  customs  tariff  at  present  in  force  are 
free  from  importation  duties  and  forcible  dispatch  at  the  wharf. 

The  natural  and  manufactured  products  of  Peru  and  Chile,  after 
classification  and  subject  to  the  statutory  restrictions  contained  in  the 
respective  regulations,  are  also  free  from  customs  duties  in  conformity 
with  existing  treaties. 

The  personal  baggage  of  individuals,  to  such  an  extent  as  the  con- 
dition of  each  person  warrants,  is  also  free  from  duties. 

Articles  for  the  personal  use  of  foreign  ministers  who  are  perform- 
ing their  duties  near  the  government  of  the  Republic,  as  well  as  those 
in  transit  through  the  territory  of  Bolivia  belonging  to  the  accredited 
representatives  of  other  countries,  are  also  free  of  duties.  The  same 
exemption  of  duties  applies  to  the  baggage  belonging  to  Bolivian 
ministers  returning  to  the  country  after  having  ceased  to  exercise 
their  diplomatic  functions. 

INTERNATIONAL   CUSTOMS   REGULATIONS. 

The  international  customs  regulations  of  Bolivia  are  subordinate,  in' 
so  far  as  their  observance  is  concerned,  to  treaties  and  diplomatic 
agreements  made  with  the  Republics  of  Peru,  Chile,  and  France. 

With  the  Republic  of  Peru  there  is  at  present  in  force  the  Nunez- 
Garcia  treaty  of  June  7, 1881,  the  Nuiiez-Bustamente  diplomatic  agree- 
ment of  August  7  of  the  same  year,  and  the  Carillo-Valle  protocols  of 
July  4  and  August  1,  1887. 

The  principal  subjects  of  these  agreements  are  the  following: 

Free  transit  of  merchandise  that  is  imported  from  abroad  for  Bolivia 
or  Peru;  free  transit  for  the  exportation  of  natural  or  manufactured 
products  that  are  imported  from  Peru  to  Bolivia  or  vice-versa,  with 


48  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

the  exception  of  alcohol  or  rum  made  from  Peruvian  sugar  cane,  aguar- 
dientes made  from  sugar  cane  or  grapes  that  are  imported  for  con- 
sumption in  Bolivia,  which  are  subject  to  the  payment  of  the  following 
tax:  80  cents  for  each  gallon  of  alcohol,  and  three  bolivianos  per 
quintal  of  cane  or  grape  aguardinte  that  does  not  exceed  20  per  cent. 
The  product  of  this  tax  is  divisible  between  Peru  and  Bolivia. 

With  the  Republic  of  Chile  the  commercial  and  customs  regulations 
are  subject  to  the  truce  of  April  4,  1884,  and  the  protocol  of  May  30, 
1885. 

Their  principal  bases  are:  Perfect  reciprocity,  freedom  of  duties 
between  both  nations  with  respect  to  domestic  products,  and  free 
transit  for  foreign  merchandise,  imported  through  Antofagasta,  for 
Bolivia;  exemption  of  export  and  import  duties  on  articles  that  are 
nominally  designated  in  the  protocol. 

The  Chilean  tariff  governs  in  the  Arica  custom-house  with  respect 
to  the  importation  of  merchandise  into  Bolivia,  and  as  regards  the 
revenue  of  this  custom-house  it  is  agreed  that  35  per  cent  corresponds 
to  Bolivia,  40  per  cent  to  the  Chilean  creditors,  and  25  per  cent  to 
the  Chilean  Government  as  payment  of  the  expenses  of  administra- 
tion, etc. 

The  diplomatic  agreement  (Alonso-Wienner)  of  September  15, 1892, 
and  the  explanatory  protocol  (Cano-Wienner)  of  October  28, 1893,  were 
in  force  with  the  French  Republic,  but  both  the  agreement  and  proto- 
col have  now  expired. 

The  most  salient  features  of  said  agreement  and  protocol,  after  estab- 
lishing the  clause  of  the  most  favored  nation,  were:  That  tin  was  sub- 
ject, on  importation  into  France,  to  the  minimum  tariff — that  is  to  say, 
exemption  from  duties.  As  to  copper  in  ore,  bullion,  bars,  ingots,  or 
plates  of  first  fusion,  it  is  in  the  same  manner  subject  to  the  minimum 
tariff — that  is  to  say,  free  of  duties.  Argentiferous  ores  in  the  same 
condition,  as  well  as  silver  in  gross,  paid,  in  accordance  with  the  same 
minimum  tariff',  a  franc  for  each  100  kilograms.  Caoutchouc  and  gutta- 
percha of  Bolivia,  in  gross  or  melted  in  masses,  were  imported  into 
France  in  conformity  with  the  minimum  tariff — that  is  to  say,  free  of 
duties.  French  wines  could  not  be  taxed  on  being  imported  into 
Bolivia  except  by  a  duty  of  1^  per  cent  ad  valorem  upon  the  price  of 
1  or  6  francs  per  bottle,  according  to  invoice;  one-fourth  per  cent 
upon  prices  under  1  franc  per  bottle,  whether  in  kegs  or  bottles,  it 
being  understood  that  the  wines  must  not  contain  more  than  18  per 
cent  alcohol. 

Below  are  inserted  some  statistical  tables  which  show  the  business  of 
the  customs-houses  of  the  Republic. 

STATISTICAL    TABLE   WHICH    SHOWS    THE    CUSTOMS    MOVEMENT   OF    THE 
REPUBLIC   OF    BOLIVIA   DURING   THE   YEAR   1902. 

The  importations  of  merchandise  into  Bolivia,  according  to  consular 
invoices — that  is  to  say,  the  values  given  to  the  customs-houses — 
amounted  to  16,953,223  bolivianos  (16,120,113),  and  the  weight  of  the 
merchandise  was  58,000,140  kilos. 

In  order  to  give  these  figures  true  statistical  importance  there  should 
be  added  to  them  the  customs  duties,  which  amounted  to  5,422,687 
bolivianos  (11,957,590),  and  an  equal  sum  for  expenses  of  transporta- 


FIEST    CUSTOMS    CONGRESS    OF    A^IERICAN   REPUBLICS. 


49 


tion  to  the  different  markets  of  the  interior  of  the  Republic,  in  accord- 
ance with  the  following  statement: 

Bolivianos. 

Value  of  importations 16, 953,  223 

Customs  duties i 5, 421,  687 

Transportation  expenses  (estimated) 5, 000, 000 

Total  value  of  imports 27,  374,  410 

Equivalent  to  $9,882,324. 

The  exports  amounted  to  37,578,210.97  bolivianos  (113,566,734),  and 
weighed  110,763,323  kilograms,  as  follows: 


Mining 

Agriculture . . 
Manufactures 

Stock 

Miscellaneous 

Total... 


Value. 


Bolivianos. 
26,855,425.76 

9,688,512.82 
535, 937. 46 
373,502.85 
124,832.08 


37,578,210.97 


Weight. 


Kilos. 

105,615,971 

4, 413, 883 

161,072 

443, 574 

128,823 


110, 763, 323 


SPECIFICATION  OF  EXPORTS. 


Ores: 

Silver   .  . 

MINING. 

14,566,660.66 

9,380,714.00 

1,463,088.43 

1,112,598.90 

332,363.77 

75, 649, 644 

Tin    

21,915,907 

Bismuth                        

1, 059, 129 

3,049,850 

3,914,441 

Total 

26,855,425.76 

105,615,971 

AGRICULTURE. 

Rubber  . 

9,151,823.61 

259,613.60 

137,554.24 

110,236.89 

29,384.58 

3,465,063 
255,718 
315, 163 

Peruvian  bark                                                          ..     .      . 

212,358 
165, 581 

Miscellaneous                                                      -- 

Total 

9,688,512.82 

4, 413, 883 

MANUFACTURES. 

Sealed  silver 

411,831.00 
124,106.46 

28, 434 

Miscellaneous 

132,638 

Total.  . 

535,937.46 

161,072 

Statement  showing  the  merchandise  exported  from  the  port  of  New  York  to  Bolivia  during 

the  year  1902. 


Months. 


Pack- 

Official 

ages. 

value. 

3,922 

$41,369.72 

1,664 

10,671.29 

4,111 

25,660.56 

1,038 

10, 588. 38 

1,395 

20,034.26 

1,760 

18,216.38 

1,604 

36,230.81 

1,104 

22,519.94 

298 

6,586.16 

1,034 

15,088.37 

1,333 

15,389.64 

1,143 

12,029.25 

20,406 

234,384.76 

January 

February  . . 
March  . . . . . 

April 

May 

June 

July 

August 

September  , 

October 

November . 
December . 


Total. 


S.  Doc.  180- 


50  FIEST    CUSTOMS    COIS^GRESS    OF   AMERICAN   REPUBLICS. 


APPENDIX  B. 

REPORT  IN  REGARD  TO  THE  IMPORTATION  AND  EXPORTATION  OF 
MERCHANDISE  BY  THE  DELEGATE  OF  THE  REPUBLIC  OF  CUBA. 

The  International  Bureau  of  the  American  Republics  has  requested 
information  on  the  following  points,  namely: 

(a)  The  conditions  in  which  goods  from  a  foreign  country  come  into  the  jurisdic- 
tion of  the  collector  of  customs,  and  the  methods  employed  by  him  to  take  charge 
of  them. 

(6)  Requirements  for  entering  the  goods  at  the  custom-house  to  be  complied  with 
by  the  consignee  as  regards  bills  of  lading,  invoices,  and  other  forms  of  declaration 
for  importation  and  in  transit  entries. 

(c)  Procedure  subsequent  to  the  declaration  as  regards  the  appraisement,  classifi- 
cation, and  final  liquidation  of  the  duties. 

(d)  Withdrawal  of  the  goods  and  manner  of  disposing  of  those  entered  for  ware- 
housing, including  the  practical  application  of  the  general  system  of  bonded  ware- 
houses. 

(e)  Procedure  to  dispose  of  goods  not  claimed  or  abandoned. 

(/)  Methods  employed  to  keep  account  of  the  total  amount  of  goods  imported  in 
bales  or  large  packages. 

{g)  Conditions  and  provisions  relative  to  drawbacks  paid  on  goods  exported  as 
they  were  imported,  or  as  material  to  be  used  in  subsequent  conditions. 

In  answer  to  the  above  inquiries  the  undersigned,  delegate  of  the 
Republic  of  Cuba  to  the  customs  congress,  which  will  convene  at  New 
York  on  the  15th  instant,  has  the  honor  to  report  as  follows: 

All  goods  not  duly  entered  for  payment  of  duties  within  ten  days 
after  their  arrival  in  port,  are  taken  possession  of  by  the  collector  of 
customs  as  unclaimed,  and  placed  in  warehouse,  to  be  disposed  of  as 
unclaimed  goods,  to  which  reference  is  made  further  on. 

Cargo  for  immediate  delivery  may  be  landed  at  once  upon  the  grant- 
ing of  the  permit  to  land  by  the  collector,  designating  the  wharves 
and  warehouses. 

All  goods  landed,  no  permit  for  the  delivery  of  which  has  been 
received  by  the  inspector  at  the  expiration  of  the  time  allowed  by  the 
collector  for  such  goods  to  remain  upon  the  wharves,  are  sent  to  the 
general  order  stores.  Storage  and  all  other  charges  on  such  goods 
must  be  paid  by  the  owner  or  consignee,  or  when  the  goods  are  sold 
as  unclaimed,  from  the  proceeds. 

Entries  must  be  made  in  writing  and  under  oath.  In  cases  when  the 
consignee  of  tho  goods  is  unable,  through  illness  or  absence,  to  make 
declaration  personally  and  to  take  the  oath,  a  duly  authorized  agent 
may  act  for  him. 

Entries  must  set  forth  the  following  information:  Name  of  vessel, 
class  and  nationalit}^ ;  name  of  captain;  port  or  ports  whence  cleared; 
name  of  the  person  to  whom  the  merchandise  is  consigned;  number  and 
paragraph  of  the  manifest;  number  of  packages,  class,  marks,  numbers; 
number  and  letter  of  the  paragraph  of  the  tariff  under  which  each 
article  is  dutiable;  number,  class,  quantity,  and  quality  of  the  merchan- 
dise in  the  weights  and  measures  of  the  tariff;  gross  and  net  weight  of 
each  article;  value  of  the  merchandise  in  detail;  date  and  signature  of 
the  importer.  The  entry  is  made  in  duplicate  if  the  merchandise  is 
declared  for  consumption,  and  in  triplicate  if  declared  for  immediate 
transportation. 

Upon  the  declaration  being  presented,  it  is  compared  with  the  mani- 
fest, and  if  it  differs  from  it,  or  the  two  copies  do  not  agree,  the  con- 
signee is  notified  so  that  he  may  present  the  entry  in  proper  form, 


FIRST    CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS.  51 

but  without  allowing  any  extra  time  beyond  that  fixed  by  the  customs 
regulations. 

Every  entry  must  be  accompanied  by  the  bill  of  lading  comprising 
the  merchandise  declared,  consigned,  or  duly  indorsed  to  the  importer; 
by  the  invoice  expressing  in  detail  the  merchandise  declartd,  the  num- 
ber of  packages,  marks,  gross  weight,  dutiable  weight,  class,  detailed 
contents,  component  materials,  detailed  price,  and  the  total  value, 
including  all  expenses  and  charges.  Each  entry  must  represent  a  single 
invoice.  All  imported  merchandise  must  be  invoiced  in  the  currency 
of  the  country  from  which  it  is  imported. 

If  by  reason  of  accident  or  short  shipment  all  the  merchandise  com- 
prised in  the  invoice  does  not  arrive,  an  extract  from  the  original 
invoice,  certified  by  the  collector,  may  be  used  for  entering  the  remain- 
ing packages.  When  no  invoice  is  received  the  entry  is  made  upon  a 
pro  forma  invoice,  and  an  affidavit  setting  forth  the  causes  of  non- 
receipt.  The  original  invoice  is  presented  when  received.  No  declara- 
tion for  goods  exceeding  the  value  of  $100  is  admitted  without  invoice, 
except  goods  brought  by  passengers.  From  these  a  verbal  declara- 
tion is  admitted  if  the  value  of  the  merchandise  which  they  bring  does 
not  reach  $500;  if  it  is  worth  |500,  or  over,  they  must  declare  it  in  the 
regular  manner  prescribed  by  the  customs  regulations. 

All  merchandise  not  duly  entered  within  ninety  days  after  its  arrival, 
and  all  merchandise  on  which  duties  have  been  paid,  if  not  withdrawn 
from  the  customs  warehouses,  is  deemed  abandoned  by  its  owner,  and 
is  sold  at  public  auction  after  five  days  public  notice,  but  the  time  may 
be  extended  to  six  months.  The  proceeds  of  the  sale,  after  deducting 
duties,  storage,  etc.,  are  kept  for  ten  days  subject  to  the  demand  of 
the  importer.  If  not  claimed  within  that  time  the  importer  loses  all 
right  to  the  proceeds,  and  they  are  turned  into  the  Treasury  as  ordi- 
nary receipts. 

When  a  consignment  is  renounced,  or  the  consignee  designated  by 
the  captain  can  not  be  found,  or  has  died  without  leaving  any  one  to 
take  his  place,  or  when,  in  the  case  of  cargoes  consigned  to  order,  no 
one  presents  himself  as  the  consignee  of  the  same  within  the  period  of 
time  fixed  by  the  customs  regulations,  the  collector  of  customs  orders 
the  packages  stored  at  the  captain's  expense,  and  remits  the  documents, 
and  all  information  relating  to  the  shipment,  to  the  consul  or  vice-con- 
sul of  the  nation  of  the  shipper,  so  that  he  may,  if  he  chooses,  appoint 
a  responsible  merchant  to  act  as  consignee.  If  within  the  time  pre- 
.  scribed  by  the  customs  regulations  no  entry  has  been  made,  the  goods 
are  considered  and  treated  as  abandoned  goods. 

Upon  the  declaration  being  presented,  found  correct,  and  admitted 
by  the  collector,  it  is  numbered  and  entered  upon  a  register  in  which 
the  number  of  the  declaration,  that  of  the  manifest,  its  paragraph,  name 
of  vessel,  port  from  whence  cleared,  and  the  name  of  the  consignee 
are  noted.  The  declaration  is  then  forwarded  to  the  office  of  the  chief 
examiner  (vista),  where  it  is  entered  upon  another  register,  and  the 
examiners  (vistas)  are  appointed  who  are  to  examine  the  goods  and 
ascertain  the  correctness  of  the  declaration.  If  it  is  found  correct,  it 
is  forwarded  to  the  accountant's  office,  where  the  duties  are  liquidated 
and  the  required  entries  made  in  the  books.  Then  the  declaration  is 
sent  to  the  treasurer's  office  for  collection  of  the  duties,  upon  pay- 
ment of  which  the  importer  is  handed  a  receipt  (carta  de  pago)  and  a 
permit,  or  order,  signed  by  the  collector  and  other  officials,  for  the 


52  FIRST    CUSTOMS    CONGRESS    OF   AMERICAN    REPUBLICS. 

delivery  of  the  goods.  If  three  da,ys  after  the  declaration  has  been 
handed  to  the  treasurer  for  collection  of  the  duties,  these  hav^e  not  been 
paid,  the  importer  is  liable  to  an  extra  charge,  or  surtax,  of  5  per  cent, 
on  their  amount.  Duties  having  been  paid,  the  entry  is  transmitted 
from  the  treasurer  to  the  bureau  of  statistics,  where  the  calculations 
are  revised,  from  this  bureau  it  is  forwarded  to  the  customs  bureau  in 
the  department  of  the  treasury,  thence  to  the  office  of  the  auditor-gen- 
eral (intervencion-general),  where  the  final  revision  is  made,  and  the 
declaration  is  then  returned  to  the  customs  bureau  in  the  treasury 
department,  where  it  is  filed.  The  time  which  elapses  between  the 
presentation  of  the  declaration  and  its  transmission  to  the  treasurer  for 
collection  of  the  duties  is  about  seven  days.  In  cases  in  which,  owing 
to  the  nature  of  the  goods,  or  for  other  reasons,  immediate  delivery  is 
desired,  it  is  obtained  by  paying  the  estimated  duties. 

If  the  appraised  value  of  the  goods  exceeds  their  declared  value,  in 
addition  to  the  regular  duties,  a  charge  is  made  equivalent  to  1  per 
cent  of  the  total  appraised  value  for  each  1  per  cent  in  which  said 
value  exceeds  the  declared  value.  If  the  difference  between  the  two 
values  reaches  or  exceeds  50  per  cent,  unless  it  is  evident  that  the 
difference  is  due  to  a  clerical  error,  the  goods  are  confiscated. 

If  the  declared  weight  of  merchandise  is  exceeded  by  the  actual 
weight  to  the  extent  of  from  1  to  15  per  cent  of  the  total  weight  of 
the  goods,  additional  duties  may  be  imposed  not  to  exceed  1  per  cent 
of  the  total  duties  on  the  merchandise  for  each  1  per  cent  of  difference 
between  the  declared  and  the  actual  weights.  Such  additional  duties 
are  not  imposed  when  the  collector  is  satisfied  that  the  difference 
occurred  in  good  faith.  If  the  difference  exceeds  15  per  cent  of  the 
actual  weight,  additional  duties  are  imposed  on  the  stated  basis.  If  it 
reaches  or  exceeds  50  per  cent,  the  goods  are  confiscated. 

Importers  who  are  dissatisfied  with  the  valuation  or  classification  of 
merchandise  as  fixed  by  the  collector  must  pay  the  duties  imposed,  but 
may  file  before  or  at  the  time  of  payment,  and  not  later,  a  written 
protest  and  appeal,  stating  briefly  the  value  and  classification  which 
they  claim  should  be  established.  The  appeal  is  submitted  to  the 
board  of  appeals,  consisting  of  customs  officials  and  merchants 
appointed  by  the  collector.  The  importer  has  the  right  to  submit  all 
pertinent  facts  in  support  of  his  case,  and  is  bound  to  present  such 
facts  as,  being  in  his  possession  or  within  his  knowledge,  are  demanded 
by  the  board.  Against  the  decision  of  the  board  of  appeals  he  may 
appeal  to  the  Secretary  of  the  Treasury,  and  against  the  decision  of 
the  latter  to  the  courts  of  justice. 

Merchandise  deposited  in  the  general  order  stores  which  by  depre- 
ciation in  value,  damage,  leakage,  or  other  causes  may,  in  the  opinion 
of  the  collector,  result  insufficient  upon  being  sold  at  auction  to  pay 
the  duties  and  charges  on  same,  if  permitted  to  remain  in  the  ware- 
houses during  the  time  prescribed  by  the  customs  regulations,  is  sold 
at  auction  after  due  public  notice  of  not  less  than  three  nor  more  than 
six  days. 

No  allowance  on  duties  is  made  for  damage  to  goods  during  the  voy- 
age, but  the  importer  of  them  may,  within  ten  days  after  entry,  aban- 
don all  or  a  portion  of  the  goods  and  be  relieved  from  the  payment  of 
duties  thereon.  The  portion  abandoned  must  amount  to  10  per  cent 
or  over  of  the  total  value  or  quantity  of  the  invoice.  The  proceeds  of 
sales  of  abandoned  merchandise,  whatever  they  may  be,  belong  wholly 
to  the  Treasury,  the  importer  having  no  right  to  any  part  of  them. 


FIRST   CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS.  63 

Perishable  goods,  gunpowder  or  other  dangerous  or  explosive  sub- 
stances, except  firecrackers,  can  not  be  deposited  in  warehouses;  and 
if  not  entered  immediately  for  export  or  transportation  from  the  vessel 
in  which  they  are  imported,  or  entered  for  consumption,  are  sold  by  the 
collector  under  the  regulations  governing  unclaimed  merchandise,  as 
above  stated. 

The  period  allowed  for  bonded  goods  to  remain  in  store  is  one  year, 
but  it  may  be  extended  to  another  year. 

All  duty-paid  merchandise  remaining  in  bonded  warehouse  more 
than  three  years  from  the  date  of  importation  is  treated  as  abandoned 
merchandise  and  sold  as  provided  for  b}^  the  customs  regulations, 
unless  the  owner  thereof  surrenders  to  the  storekeeper  in  charge  of 
the  goods  the  withdrawal  permit  duly  stamped  for  delivery.  Upon 
surrender  of  such  permit  the  storekeeper  notifies  the  warehouse  pro- 
prietor of  the  delivery  of  the  goods  by  the  Government  and  reports 
the  fact  upon  the  back  of  the  permit,  returning  it  to  the  collector. 

Bonded  goods  remaining  in  warehouse  more  than  three  years  from 
date  of  original  importation  are  held  to  be  abandoned  to  the  Govern- 
ment and  are  liable  to  sale. 

No  merchandise  can  be  imported  into  Cuba  in  vessels  of  less  than  30 
tons,  gross  capacity,  under  penalty  of  confiscation. 

Perishable  merchandise,  such  as  potatoes,  onions,  cabbages,  etc.,  and 
such  as  are  imported  in  well-known  packages  of  equal  capacity,  such  as 
rice,  flour,  lard,  etc.,  are  entered,  if  desired,  for  withdrawal  from  dock. 

Merchandise  on  which  freight  has  not  been  paid  will  be  held  by  the 
collector  if  requested  to  do  so  until  payment  of  the  freight  is  macle. 

Although  in  the  customs  regulations  of  Cuba  there  is  a  chapter  con- 
taining provisions  relative  to  the  bonded  warehouses  and  the  trans- 
portation of  merchandise  in  bond,  the  system  is  not  yet  completely 
established.  In  the  principal  ports  of  Cuba  there  are  buildings  belong- 
ing to  or  rented  by  the  Government  in  which  the  customs  offices  are 
established  and  which  are  used  at  the  same  time  for  the  storage  of 
goods.  There  are,  moreover,  and  especially  in  Habana,  bonded  ware- 
houses. The  former  are  designated  in  this  report  as  general-order 
stores  or  customs  warehouses,  and  the  latter  as  bonded  warehouses. 
Transportation  in  bond  from  one  point  of  the  island  to  another  can 
only  be  made  by  sea. 

No  final  method  has  yet  been  adopted  for  keeping  account  of  the 
merchandise  imported  in  large  packages,  such  as  would  meet  the 
exigencies  of  a  good  statistical  record.  The  matter  is  under  consid- 
eration at  the  present  moment.  The  merchandise  imported  in  bulk 
appears  either  in  tons  or  kilograms;  those  goods  which  pay  duty  by 
weight  in  kilograms;  the  liquids  that  pay  duties  by  measure  in  liters 
and  its  multiples.  For  storage  purposes  the  following  nomenclature 
is  employed:  Pipes,  half  and  quarter-pipes;  hogsheads,  tierces,  barrels, 
and  kegs;  bales,  boxes,  bags,  bundles,  packages,  and  pieces.  In  loose 
articles,  such  as  bricks,  tiles,  etc. ,  the  number  of  units. 

No  system  of  drawbacks  has  yet  been  established.  Duties  paid  can 
not  be  recovered  if  the  merchandise  is  exported. 

EXPORTATION. 

In  order  to  ship  merchandise  for  export,  application  must  be  made 
to  the  collector  for  a  permit.  Application  must  contain  name,  class, 
and  nationality  of  vessel,  name  of  the  captain,  destination  of  the  ship- 
ment, marks,  number  of  packages,  class  of  goods,  quantity  in  weight 


54  FIEST   CUSTOMS   CONGRESS   OF    AMERICAN   REPUBLICS. 

or  measure,  and  value  of  the  merchandise.  The  permit  having  been 
obtained  and  delivered  to  the  customs  inspector,  the  shipment  can  be 
made. 

When  merchandise  in  bond  is  exported  a  bond  must  be  given,  which 
is  cancelled  upon  the  presentation  of  the  landing  certificate  in  due 
form. 

*  «  *  «  *  4(-  • 

The  undersigned  hopes  that  the  preceding  report  will  meet  the 
requirements. 

Very  respectfully, 

Fidel  G.  Pierra. 
New  York,  January  10^  190 S. 


APPENDIX  C. 

REPORT  REGARDING  ENTERING,  DISCHARGING,  LOADING,  AND 
CLEARING  OF  VESSELS  BY  THE  DELEGATE  OF  THE  REPUBLIC  OF 
CUBA. 

The  International  Bureau  of  the  American  Republics  has  requested 
information  on  the  following  points,  namel}^: 

(a)  Requirements  in  the  manifests  of  vessels  arriving  from  a  foreign  port  or  leaving 
for  a  foreign  port. 

(6)  Requirements  in  what  pertains  to  the  entering  of  a  vessel  arriving  from  a  for- 
eign port  and  to  the  clearance  of  those  leaving  for  foreign  ports. 

(c)  Requirements  in  connection  with  the  unloading  of  vessels  after  having  been 
entered,  and  existing  regulations  as  to  unloading  at  night. 

id^  Time  allowed  for  unloading  vessels. 

ye)  Requirements  to  enable  foreign  vessels  to  proceed  from  one  port  to  another  in 
each  country  for  the  purpose  of  loading  and  unloading  cargo  and  of  taking  in  and 
landing  passengers. 

(/)  Description  of  the  taxes  and  charges  to  which  vessels  are  subjected  by- 
national  laws. 

(^)  Methods  used  for  the  measurement  of  vessels. 

(li)  Advantages  and  disadvantages  of  adopting,  respectively,  gross  or  net  tonnage 
as  a  basis  for  the  taxes  levied. 

In  answer  to  the  above  inquiries  the  undersigned,  delegate  of  the 
Republic  of  Cuba  to  the  customs  congress  of  the  American  Republics, 
which  will  convene  at  New  York  on  the  15th  instant,  has  the  honor  to 
report: 

Vessels  arriving  at  a  port  of  the  Republic  of  Cuba  are  boarded  and 
inspected  by  the  health  officer  without  delay,  and  if  admitted  to  "free 
pratique"  are  taken  in  charge  by  the  customs  inspectors  and  remain 
under  their  control  until  duly  discharged.     The  master  immediately 

E resents  to  the  inspector  the  general  manifest,  on  which  the  day  and 
our  of  its  delivery  is  noted,  and  after  due  examination  of  the  log 
book,  and  noting  whether  it  has  been  properly  kept,  etc.,  the  mani- 
fest is  taken  to  the  collector,  the  day  and  hour  at  which  it  has  been 
admitted  is  noted  upon  it,  and  it  is  filed.  The  manifest  must  contain 
a  complete  statement  of  all  packages  composing  the  cargo,  name  of 
the  consignee,  and  if  the  vessel  comes  to  order  it  must  be  so  stated. 
Upon  delivering  the  manifest  on  board,  should  the  ship  have  met  with 
any  accident,  the  master  must  report  it  in  writing,  stating  whether  or 
not  any  cargo  has  been  thrown  overboard  in  consequence  of  it. 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  55 

The  time  allowed  for  the  various  operations  connected  with  the 
customs  is  computed  from  the  hour  at  which  the  manifest  has  been 
admitted  by  the  collector. 

Upon  the  presentation  by  the  master  of  the  ship  of  a  list  of  the  pas- 
sengers and  of  a  manifest  of  their  baggage,  the  former  may  land  imme- 
diately and  the  baggage  is  unloaded  under  the  custody  of  a  customs 
officer.     Except  when  unladen  at  night  the  baggage  is  examined  at  once. 

Ships  not  complying  with  the  rules  and  regulations  of  the  health 
authorities  are  liable  to  a  fine,  which  varies  in  amount,  but  can  not  in 
any  one  case  exceed  the  sum  of  |5,000.  All  ships  leaving  for  a  port 
of  Cuba  must  be  provided  with  a  bill  of  health  issued  by  the  Cuban 
consul  or  by  the  official  performing  the  consular  functions  for  Cuba. 

Within  twenty-four  hours  after  the  arrival  of  a  ship,  Sundays  and 
holidays  excluded,  the  master  must  present  to  the  collector  of  customs 
two  copies  of  the  manifest  translated  into  Spanish.  There  is  at  the 
custom-house  an  official  interpreter,  who  takes  charge  of  making  the 
translation  and  receives  a  fixed  fee  therefor. 

Upon  entering  his  ship  the  master  must  present  to  the  collector  of 
customs  the  register  and  such  other  documents  as  he  may  have  received 
from  the  customs  authorities  of  the  port  whence  he  cleared,  and  within 
forty-eight  hours  he  must  lodge  said  documents  with  the  consul  of  his 
nation;  should  there  be  none,  with  the  collector  of  customs,  until  pay- 
ment has  been  made  of  the  tonnage  duties  and  other  taxes.  When  the 
said  documents  are  lodged  with  the  consul  the  master  must  deliver  to 
the  collector  the  certificate  of  that  official  showing  that  the  deposit  has 
been  made.  The  certificate  is  returned  to  the  captain  upon  payment 
of  the  aforementioned  duties  and  taxes.  Noncompliance  with  this 
regulation  is  punished  with  a  fine  not  less  than  $500  nor  more  than 
^2,000. 

The  manifest  is  the  basis  of  all  subsequent  operations  connected  with 
the  customs,  and  must  set  forth  the  following  facts:  The  character  and 
name  of  the  vessel,  nationality,  gross  and  net  register  tonnage,  crew, 
name  of  captain,  name  of  the  consignee  of  the  vessel,  the  port  or  ports 
whence  the  vessel  comes,  port  or  ports  for  which  the  cargo  is  intended, 
number  of  packages,  marks,  numbers  and  gross  weight  of  all  pack- 
ages, character  of  the  merchandise,  name  of  the  shippers  and  of  the 
consignees,  or,  if  the  goods  are  consigned  to  order,  it  must  be  so  stated. 
A  separate  manifest  must  be  made  for  each  port.  The  number  and 
weight  of  packages  must  be  stated  in  figures  and  in  letters.  The  mere 
expression  "merchandise,"  or  any  other  vague  one,  is  not  admitted. 

Ships  entering  a  port  of  Cuba  under  stress  of  weather,  present  only 
one  sworn  cop}^  of  the  manifest.     Three  days  are  allowed  to  prepare  it. 

If  packages  of  merchandise  are  found  on  board  of  vessel,  which  are 
not  included  in  the  manifest,  the  ship  is  liable  to  a  fine  equivalent  to 
the  value  of  the  goods  thus  found,  and  all  the  packages,  whether  the 
property  of  or  consigned  to  the  officers  or  crew  of  the  ship,  are  con- 
fiscated, unless  it  is  shown  to  the  satisfaction  of  the  customs  authorities 
that  there  was  no  intention  to  commit  fraud.  In  such  cases  the  master 
is  allowed  to  correct  his  manifest  by  a  post  entry. 

Upon  delivering  the  manifest  the  captain  shall  also  present  a  state- 
ment specifying  the  provisions  and  supplies  on  board  of  his  ship. 

The  residence  or  office  of  the  consignee  of  a  vessel  is  considered  as 
the  residence  of  the  captain.  If  there  is  no  consignee,  the  residence 
or  office  of  the  consul  of  his  nation,  or  the  vessel  under  his  command. 


56  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 

When  requested,  special  permission  is  granted  to  vessels  for  loading 
and  unloading  during  the  night,  subject  to  payment  of  extra  expenses. 

Permission  is  granted,  when  requested,  for  immediate  unloading  of 
cattle,  provided  the  consignee  gives  bond  for  the  payment  of  the  duties 
and  compliance  with  such  formalities  as  are  prescribed.  The  unload- 
ing of  the  cattle  must  be  made  in  the  presence  of  the  veterinary 
inspector. 

No  packages  must  be  unloaded  or  transferred  to  another  ship  with- 
out a  permit  from  the  collector,  nor  any  vessel,  hauled  alongside  of 
another  while  one  of  them,  or  both,  are  unloading. 

The  time  allowed  for  discharging  vessels  is  as  follows:  Vessels  under 
300  net  tons,  eight  days;  of  300  tons  and  not  exceeding  800  net  tons, 
twelve  days;  of  800  and  over,  fifteen  days.  Days  are  computed  exclud- 
ing the  day  of  arrival,  Sundays,  and  holidays,  and  such  rainj  days  on 
which,  in  the  judgment  of  the  collector,  the  unloading  is  impracticable. 

Masters  of  vessels  bringing  ballast  of  no  commercial  value  may 
obtain  a  permit  to  discharge  the  same  by  simply  taking  the  proper 
oath. 

Captains  desiring  to  qualify  their  vessels  for  the  loading  and  exporta- 
tion of  merchandise  must  present  to  the  collectors  of  customs  an  appli- 
cation in  due  form. 

Collectors  of  customs  may  authorize  the  lading  of  products  of  the 
island  from  any  point  or  estate  where  they  may  be  stored.  When  this 
permission  is  granted,  the  exportation  will  be  completed  by  the  captain 
and  the  shippers  presenting  to  the  collector  granting  it  the  corre- 
sponding documents.  The  supervision  of  the  lading  may  be  made  by 
a  customs  employee  or  inspector  expressl}^  detailed  for  the  purpose  b}^ 
the  collector;  but  upon  completion  of  the  lading  the  collector  may 
require  the  return  of  the  vessel  to  the  port  where  the  custom-house  is 
located  for  the  purpose  of  verifying  the  lading  in  such  way  as  he  may 
deem  best. 

Consignees  of  steamers  having  a  fixed  schedule  which  allows  them 
only  a  few  hours  in  port  may  obtain  from  the  collector  permission  to 
prepare  in  advance  of  their  arrival  the  outward  cargo,  and  permission 
as  well  to  work  during  the  nights  and  on  holidays. 

In  order  to.  clear  a  vessel  the  master  must  present  a  manifest  in 
duplicate  and  under  oath  of  the  cargo  laden.  The  collector  certifies 
the  manifest  and  returns  one  copy  to  the  captain,  together  with  a  cer- 
tificate to  the  efiect  that  the  vessel  has  fully  cleared  at  the  custom- 
house. 

Masters  of  vessels  carrying  cargo  in  transit  must  manifest  it  in  the 
same  manner  as  the  cargo  to  be  unladen  in  the  port  of  transit. 

Vessels  arriving  at  a  Cuban  port  carrying  cargo  in  transit  for  other 
ports  of  the  island,  whose  masters  desire  to  take  cargo  for  foreign 
ports,  may  do  so,  provided  the  necessary  permission  is  requested  and 
the  cargo  taken  is  duly  entered  upon  the  manifest  of  the  cargo  in 
transit. 

Transshipment  of*  merchandise  from  one  vessel  to  another  of  the 
same  line,  or  of  another  line,  is  permitted  provided  such  merchandise 
has  been  manifested  by  the  captain  as  in  transit  for  foreign  ports.  If 
the  transshipment  is  made  to  vessels  that  will  touch  at  other  Cuban 
ports,  it  must  be  specified  in  the  general  manifest  that  such  merchan- 
dise is  in  transit  for  foreign  ports. 

In  cases  of  vessels  entering  a  Cuban  port  compelled  b}^  stress  of 
weather,  the  captain  and  the  next  person  in  command  shall,  within 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  57 

twenty-four  hours,  make  a  protest,  in  the  usual  form  and  upon  oath 
before  the  person  authorized  to  receive  it,  setting  forth  the  causes  or 
circumstances  of  such  necessity.  If  the  protest  is  not  made  before  the 
collector  of  customs,  a  copy  must  be  furnished  to  him. 

If  the  condition  of  the  vessel  should  make  it  necessary  to  unload  her, 
permission  is  granted  by  the  collector  to  do  so,  the  cargo  remaining 
under  custody  of  customs  officers.  If  necessary,  on  request  of  the 
master  or  of  the  owner  of  the  merchandise,  permission  is  also  given 
to  dispose  of  by  sale  of  such  perishable  goods  as  there  may  be  in  the 
cargo,  or  of  such  part  of  it  as  may  be  required  to  pa}^  the  expenses 
of  the  vessel.  The  repairs  having  been  made,  the  cargo,  or  what 
remains  of  it,  may  be  reshipped  upon  payment  of  warehouse  charges 
and  such  other  expenses  as  ma}^  have  been  incurred.  No  port  charges 
are  collected  in  cases  of  vessels  entering  a  port  on  account  of  stress  of 
weather. 

Vessels  entering  Cuban  ports  are  subject  to  the  payment  of  the  fol- 
lowing duties  and  charges: 

Harbor  improvement  taxes:  Eachsteamer  entering,  $8.50;  each  sail- 
ing vessel  entering,  $4.25;  each  ton  of  cargo  landed  from  a  steamer, 
25  cents;  each  ton  of  cargo  landed  from  a  sailing  vessel,  12^  cents; 
each  ton  of  coal  landed  from  a  steamer,  12^  cents;  each  ton  of  coal 
landed  from  a  sailing  vessel,  10  cents. 

Tonnage  dues:  On  entry  of  a  vessel  from  a  port  or  place  not  in 
Cuba,  20  cents  per  net  ton;  on  entry  of  a  vessel  from  another  port  in 
Cuba,  2  cents  per  net  ton.  Vessels  entering  in  ballast  pay  only  one- 
half  of  tonnage  dues.  To  those  leaving  in  ballast,  one-half  of  the  dues 
are  returned  if  they  have  been  paid  in  full.  The  amount  of  tonnage 
dues  during  a  year  must  not  exceed  $2  per  net  ton.  The  tonnage  on 
which  dues  are  charged  is  the  net  register  tonnage. 

Masters  of  vessels  proceeding  from  foreign  ports  are  liable  to  the 
penalties  prescribed  in  the  following  cases: 

For  failing  to  have  the  manifest  of  the  vessel  or  other  documents  in 
order  on  entering  a  port,  the  vessel  is  liable  to  a  fine  of  from  $50  to 
$250. 

If  the  captain  on  his  arrival  in  port  fails  to  present  the  manifest  to 
the  boarding  officer,  $100  to  $500. 

If  the  manifest  lacks  any  of  the  requisites  above  stated,  $10  to  $100. 

For  failing  to  present  the  required  copies  of  the  manifest,  or  in  the 
failure  of  these  to  conform  to  the  original,  $10  to  $50,  and  the  captain 
is  obliged  to  produce  the  missing  ones  or  to  rewrite  the  incorrect  ones, 
as  the  case  may  be. 

For  failure  to  present  at  the  custom-houses  of  the  ports  entered  the 
manifest  of  goods  in  transit,  $10  to  $50,  and  he  shall  be  held  responsi- 
ble for  the  presentation  of  the  copy  of  the  general  manifest  which  the 
custom-house  of  the  port  in  transit  requires  of  the  custom-house  of 
the  port  of  origin. 

For  all  differences  in  excess  of  25  per  cent  of  the  actual  weight 
resulting  in  the  gross  weight  of  the  packages  declared  in  the  manifest, 
$10  to  $50. 

For  changing  anchorage  in  port  without  the  permission  of  the 
customs  authorities,  $50. 

For  failure  to  present  the  log  book  and  other  papers  on  request  of 
the  boarding  inspector  on  board  of  the  vessel,  $50,  and  will  not  be 
permitted  to  clear  until  he  has  produced  the  said  documents. 


58  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 

For  failure  to  present,  immediately  upon  arrival,  a  list  of  the  pas- 
sengers and  of  tne  pieces  of  baggage  brought  by  each  passenger,  $10 
to  1100. 

For  all  provisions  and  supplies  not  contained  in  the  statement  of  sea 
stores  he  shall  pay  double  duties. 

When  the  straps  or  seals  placed  on  the  hatches  and  bulkheads  are 
found  raised  or  broken,  except  in  cases  of  accident,  he  shall  pay  a  fine 
not  exceeding  $500,  without  prejudice  to  his  liability  to  such  other 
penalties  thereby  incurred. 

For  removing  from  the  vessel,  without  the  permission  of  the  customs 
authorities,  any  packages  which  are  contained  \n  the  manifest  he  shall 
pay  an  amount  equal  to  double  the  value  of  the  merchandise. 

For  landing  persons  or  discharging  goods  at  other  points  than  those 
designated  by  the  authorities,  in  the  event  of  vessel  being  ordered  to 
quarantine,  the  captain  shall  pay  a  fine  of  $100  in  the  case  of  pas- 
sengers, or  double  the  value  of  the  goods  in  the  case  of  merchandise. 

Firearms,  gunpowder,  cartridges,  dynamite,  and  all  classes  of 
explosives  and  munitions  of  war  found  maliciously  concealed  on  board 
of  any  vessel,  or  not  contained  in  the  manifest,  are  seized  and  confis- 
cated, and  the  captain  is  liable  to  a  fine  not  exceeding  $2,000. 

Vessels  leaving  port  without  first  complying  with  all  the  requisites 
prescribed  by  the  customs  regulations  are  liable  to  a  fine  of  $50,  which 
is  levied  upon  their  consignees,  who  are  held  subsidiarily  responsible 
for  the  fines  and  duties  payable  by  the  captain. 

As  has  been  stated,  all  tonnage  dues  are  charged  on  net  register 
tonnage. 

The  methods  employed  for  the  measurement  of  vessels  are  those 
employed  by  the  United  States. 

Upon  receipt  by  the  collector  of  customs  of  due  notification  of  any 
lien  for  freight  upon  any  imported  merchandise,  its  delivery  is  with- 
held by  the  collector  until  such  lien  is  satisfied. 

*****  *  * 

The  undersigned  hopes  that  the  preceding  report  will  meet  the 
requirements. 

Very  respectfully, 

Fidel  G.  Pierra. 
New  York,  January  10^  1903. 


APPENDIX  D. 

CUSTOMS  REGULATIONS  OF  THE  REPUBLIC  OF  GUATEMALA  RELAT- 
ING TO  THE  ENTRANCE  AND  CLEARANCE  OF  SHIPS,  AND  COPY  OF 
THE  DOCUMENTS  USED  IN  THEIR  DESPATCH. 

New  York,  January.,  1903. 

REPORT  WHICH  COVERS  THE  SUBJECTS  THAT  UNDER  THE  NAMES  OF 
SHIPS  ARE  SPECIFIED  IN  THE  PROGRAMME  OF  THE  NEXT  CUSTOMS 
CONGRESS. 

{a)  The  essential  conditions  of  the  manifest  which  every  captain  of 
a  ship  is  obliged  to  present  are  those  contained  in  article  25  of  the 
customs  regulations,  which  is  literally  as  follows: 

The  manifests  must  be  written  in  Spanish,  and  shall  embrace  separately  all  the 
merchandise  consigned  to  the  port  of  arrival  of  the  ship,  as  well  as  the  merchandise 


FIRST    CiUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  59 

it  carries  in  transit  consigned  to  the  other  ports  of  the  Repubhc,  and  shall  include 
in  its  heading  the  following:  The  name  of  the  captain,  the  name  of  the  ship,  its 
nationality,  the  number  of  tons  capacity,  the  number  of  the  crew  employed,  the 
port  of  clearance  and  the  port  of  entry,  name  of  the  consignor,  name  of  the  con- 
signee, marks  and  number  of  packages,  the  weight  in  kilograms,  the  port  from 
which  the  merchandise  comes,  and  the  total  number  of  packages  written  in  figures, 
the  date  of  arrival,  the  signature  of  the  captain  or  of  the  person  who  acts  in  his 
place. 

These  documents  shall  not  be  received,  unless  they  are  in  the  form 
prescribed  in  this  article,  or  if  they  should  be  presented  with  erasures 
or  corrections. 

A  detailed  account  of  explosive,  inflammable,  or  corrosive  substances 
or  articles  shall  be  made. 

Consular  approval  is  not  required  in  the  manifests  and  it  is  only 
required  that  they  be  in  the  form  prescribed  and  that  they  do  not  con- 
tain erasures  or  corrections. 

Our  laws  do  not  impose  the  duty  of  manifesting  the  provisions, 
apparatus,  and  furniture  of  ships. 

(h)  Every  ship,  on  nearin|?  a  port  of  the  Republic,  shall  hoist  the  flag 
of  the  nation  to  which  it  belongs. 

Immediately  after  anchoring,  the  ship  shall  be  visited  by  the  captain 
of  the  port,  and  shall  remain  incommunicated  and  without  being  per- 
mitted to  perform  any  operation  of  unloading  until  said  visit  has  been 
made.  The  captain  of  the  port  shall  be  accompanied  by  the  military 
surgeon  and  an  employee  of  the  custom-house. 

The  captain  of  the  ship  shall  deliver  to  the  captain  of  the  port  a  bill 
of  health,  a  list  of  the  passengers  on  board,  indicating  in  the  list  by 
marks  and  numbers  the  pieces  of  baggage  that  belong  to  each  passenger 
and  the  mail  brought  for  the  Republic,  and  shall  deliver  also,  in  the 
specified  period  of  twelve  hours,  three  copies  of  the  manifest  of  the 
freight  brought  for  the  port  of  arrival  to  the  employee  of  the  custom- 
house who  accompanies  the  captain  of  the  port  in  his  visit  to  the  ship 
at  the  time  of  anchoring. 

The  visit  having  been  made,  the  captain  of  the  port  shall  permit,  if 
it  should  not  be  improper  to  do  so,  the  landing  of  passengers  and  their 
baggage. 

He  shall  not  authorize  the  unloading  until  the  manifest  shall  have 
been  presented,  and  if  the  time  fixed  for  delivery  expires  before  the 
presentation  is  made,  the  captain  of  the  port  shall  order  the  captain  of 
the  ship  to  raise  anchor  and  set  sail  immediately.  In  this  case,  the  cap- 
tain of  the  ship  may  ask  an  extension  of  three  hours  in  which  to  deliver 
the  manifest,  which  shall  be  conceded  to  him  after  the  payment  of  the 
corresponding  fine. 

During  the  stay  of  the  ship  in  Guatemalan  waters  it  is  subject  to  the 
fiscal  supervision  of  the  customs  authorities. 

No  ship  shall  leave  a  port  without  being  legally  dispatched. 

The  request  for  the  clearance  of  a  ship  shall  be  accompanied  by  an 
accurate  memorandum  of  the  freight  on  board  and  a  list  of  the 
passengers. 

The  captain  of  the  port,  in  order  to  permit  the  weighing  of  anchor, 
shall  require  a  certificate  showing  liquidation  with  the  custom-house. 

(c)  In  order  to  proceed  with  the  discharge  of  a  ship,  the  captain  or 
consignee  shall  request  in  writing  the  corresponding  permission  from 
the  administrator  of  the  custom-house,  who,  on  giving  the  same,  shall 
place  on  board  a  customs  officer  for  the  purpose  of  recording  in  a  reg- 
istry the  marks,  countermarks,  and  numbers  of   packages  that  are 


60 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 


brought  on  shore,  noting  those  that  have  been  unloaded  in  apparently 
bad  condition.  The  operation  of  unloading  shall  take  place  between 
6  a.  m.  and  6  p.  m.,  with  the  exception  of  Sundays  and  national 
holidays. 

The  captain  of  the  port  has  power  to  permit,  in  conjunction  with  the 
administrator  of  the  custom-house,  a  continuance  of  the  loading  and 
unloading  on  holidays  and  at  unusual  hours  in  cases  of  evident  neces- 
sity or  urgency. 

The  goods  unloaded  shall  be  transported  for  account  and  risk  of  the 
interested  parties  to  the  customs  warehouses  for  delivery  in  accordance 
with  the  established  rules. 

The  unloading  having  been  finished,  a  careful  visit  shall  be  made  for 
the  purpose  of  determining  if  there  are  still  on  board  the  packages 
manifested  as  in  transit  or  the  merchandise  included  in  the  general 
manifest.  These  visits  may  be  repeated  as  often  as  it  may  be  thought 
proper. 

{d)  The  time  allotted  for  the  loading  and  unloading  of  merchandise 
is  that  hereinbefore  mentioned — that  is  to  say,  from  6  a.  m.  to  6  p.  m. 

(e)  Our  customs  laws  prescribe  the  same  formalities  for  the  receipt 
of  ships  which  enter,  either  clearing  from  a  foreign  port  or  from  some 
port  of  the  Republic,  observing  in  their  dispatch  the  same  requisites, 
whether  bound  direct  to  a  foreign  port  or  some  port  of  the  countr}^ 

Ships  are  allowed  to  take  freight  as  well  in  the  large  as  in  the  small 
ports  by  obtaining  beforehand  the  proper  permission  of  the  adminis- 
trator of  the  custom-house. 

if)  With  the  object  of  encouraging  navigation  and  commerce  our 
customs  regulations  do  not  fix  any  charges  in  the  nature  of  port  dues, 
differing  in  this  respect  from  other  nations  that  have  imposed  on  ships 
a  multitude  of  charges,  known  as  pilotage,  entrance,  anchorage,  ton- 
nage, light-house,  etc. 

(g)  and  {h)  No  tonnage  duties  being  in  force,  our  customs  regula- 
tions only  require  the  registration  of  vessels  as  a  means  of  obtaining 
statistical  data. 

In  order  to  aid  the  work,  not  only  of  the  present  congress  but  also 
of  subsequent  ones,  we  think  it  proper  to  attach  to  this  report  samples 
of  the  documents  now  used  in  the  customs-houses  of  the  Republic, 
to  wit:  No.  1,  copy  of  manifest;  No.  2,  copy  of  exportation  policy; 
No.  3,  copy  of  declaration  of  entrance;  No.  4,  copy  of  consular 
invoice. 

No.  1. 

Manifest  of  the  cargo  of  the  ship ,  Captain , 

of tons,  with men  of  the  crew,  proceeding  from 

and  destined  to 


Marks  and 
numbers. 


Number  and  class      Gross  weight  of       PontPnt**     Proceeding    Ponqie-nniN 
of  packages.        packages  in  kilos.     Contents.       i^oj^_       Consignors. 


Consignees. 


FIBST   CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 


61 


No.  2. 
Exportation  Policy. 
Administrator  of 


Please  authorize  the  shipment  of  the  following  merchandise  in  the  ship 

,  the  corresponding  customs  duties  being  guaranteed 

in  the  custom-house  under  your  charge. 


Here  a 
50-cent 
stamp. 


Marks. 


Number  of 
packages. 


Weight  in 


Contents. 


Owners. 


Destina- 
tions. 


Duties. 


Exchange. 


Total. 


Here  a 
50-cent 
stamp. 


No.  3. 
Declaration  No. 


Declaration  of  the  contents  of packages  shipped  from 

in  the  ship ,  the of 

through  the  port  of ,  for  account  of  the  undersigned. 


Num- 
ber. 

Number 
of  pack- 
ages. 

Kind  of 
pack- 
ages. 

Contents. 

Original 
value. 

Weight  in  kilos. 

Classifi- 
cation. 

Marks. 

According 
to  invoice. 

According 
to  custom- 
house. 

Duties. 

No.  4. 

Consulate  of  Guatemala 

IN 


Invoice  No 

By  the  ship 

Containing  packages 

Containing  pages 

Total  weight  of  the  packages,  gross 

Total  value,  $ 

Consular  fees,  I 


Shipper. 

Consigned  to 

Port  of  destination 

Of  the  Republic  of  Guatemala 

The  undersigned,  Mr ,  of  the  commercial  house  of 

,  of  this  city, ,  street .--.--'  num- 
ber   ,  who  signs  the  foregoing  invoice,  declares  and  affirms  that  it  is  correct 

in  all  its  parts,  and  that  it  is  made  in  good  faith  and  in  accordance  with  law,  subject- 
ing himself  to  the  provisions  of  the  laws  and  tribunals  of  the  Republic  of  Guatemala 
for  any  error  or  illegality  that  said  invoice  may  contain. 

,  190... 

I, ,  consul  of  the  Republic  of  Guatemala  in , 

certify  that  the  foregoing  declaration,  affirmation,  and  obligation  were  made  and 

signed  before  me  by  Mr *. 

In  witness  whereof  I  seal  and  sign  this  document,  the  original  having  been  deliv- 
ered to  the  interested  party,  and  a  copy  signed  by  him  retained , 

190-. 

The  Consul. 


62  FIRST   CUSTOMS    CONGRESS    OF   AMERICAN    REPUBLICS. 


APPENDIX  E. 

REPORT  SUBMITTED  BY  THE  DIRECTOR-GENERAL  OF  CUSTOMS  OF 
THE  REPUBLIC  OF  GUATEMALA,  MR.  J0S6  J.  SANCHEZ,  TO  THE 
DELEGATION  OF  SAID  REPUBLIC  TO  THE  FIRST  PAN-AMERICAN 
CUSTOMS  CONGRESS. 

Merchandise. 

(A)  All  goods  shipped  to  ports  of  the  Republic,  even  though  they 
be  those  which  the  law  excepts  from  the  payment  of  duties,  must  be 
covered  by  the  respective  consular  invoice,  signed  by  the  shipper,  and 
duly  sworn  to  as  being  correct  in  every  respect,  and  being  subject  to 
the  provisions  of  the  laws  of  the  country  as  regards  any  error  or 
illegality  said  document  may  contain. 

In  order  for  goods  to  be  legally  admitted  they  must  be  included  in 
the  freight  manifest  of  the  ship  that  transports  them. 

The  custom-house  shall  receive  in  its  warehouses  the  imported  mer- 
chandise, and  shall  check  with  the  manifests  the  marks,  countermarks, 
number,  and  gross  weight  of  the  packages. 

(B)  The  manifests  must  show  the  consignees  of  the  merchandise,  and 
when  these  goods  come  consigned  to  order,  the  maritime  agency  shall 
designate  the  consignees. 

Only  the  consignees  or  their  agents  shall  participate  in  customs 
operations. 

The  consular  invoices  shall  be  written  in  Spanish,  and  shall  specify 
in  the  heading  the  class  of  vessels,  nationality,  name  of  the  vessel, 
name  of  the  captain,  name  of  the  consignee,  and  the  port  to  which  the 
goods  are  consigned. 

In  detail,  the  particulars  to  be  noted  are  as  follows: 

1.  Marks,  countermarks,  and  number  of  packages. 

2.  Kind  of  packages  (box,  bundle,  barrel,  etc.). 

3.  Number  of  packages,  expressed  in  figures  and  letters. 

4.  Net  weight  of  each  class  of  packages,  expressed  in  figures  and  letters. 

5.  Gross  weight,  with  packing  or  net,  expressed  in  figures  and  letters,  of  each  class 
of  goods  the  packages  contain,  and  that  are  assigned  to  them  by  law,  respectively, 
under  said  weights. 

6.  The  number  or  quantity,  written  in  figures  or  letters,  of  the  pieces  of  merchan- 
dise which  must  pay  duties  in  that  form. 

7.  The  class,  name,  and  material  of  the  merchandise  specified,  in  conformity  with 
the  nomenclature  of  the  tariff  and  attached  vocabularies,  and  if  these  should  not 
be  indicated,  then  the  raw  material  shall  be  named,  as  well  as  the  form  and  other 
necessary  details  for  classification  and  valuation. 

8.  The  value  of  each  class  of  merchandise  and  the  total  number  of  packages. 

9.  The  name  of  the  place  where  the  invoice  was  made,  the  correspondmg  date, 
and  the  signature  of  the  consignor  or  shipper. 

When  two  or  more  packages,  boxes,  barrels,  or  any  other  kind  of 
packages  come  tied  together  forming  one  bundle  this  circumstance 
shall  be  stated  in  the  consular  invoice,  excepting  those  goods  which  by 
their  nature  are  packed  in  that  form,  as  iron  bars,  tubing,  metal 
sheets,  etc. 

The  entries  or  requests  for  dispatch  shall  be  presented  by  the 
owners  or  consignees  to  the  administrator  of  the  custom-house,  who, 
finding  them  in  conformity  with  the  contents  of  the  consular  invoice, 
shall  designate  the  inspector  who  shall  make  the  registration. 

Said  entries  shall  specify  in  writing  the  number  of  the  packages 
that  are  to  be  registered,  their  origin,  the  name  of  the  vessel  in  which 


FIEST   CUSTOMS   CONGRESS    OF   AMERICAN   REPUBLICS.  63 

they  have  been  transported  to  the  Republic,  and  the  date  of  arrival 
at  the  port,  the  marks,  countermarks,  and  number  of  packages,  a 
detailed  statement  of  the  contents  of  the  packages  when  tney  contain 
different  kinds  of  merchandise,  and  expressing  also  on  a  separate  line 
the  articles  which  are  subject  to  different  duties;  the  weight  in  kilo- 
grams, expressed  in  letters  and  figures,  of  each  one  of  the  articles  or 
units  that  serve  as  a  basis  for  the  collection  of  duties;  the  date  at  the 
bottom,  and  the  signature  of  the  owners  or  consignees  of  the  merchan- 
dise or  of  their  lawfully  authorized  agents. 

The  entry  shall  be  accompanied  by  a  copy  of  the  same  on  ordinary 
paper  and  the  respective  consular  invoices  and  the  original. 

(C)  The  taking  out  of  storage  being  authorized  by  the  officials 
appointed  for  the  dispatch  of  the  goods,  they  shall  be  taken  to  the 
inspection  hall  and  the  operation  shall  be  witnessed  by  the  interested 
parties  or  their  lawful  representative. 

The  official  shall  have  opened  as  many  packages  as  he  shall  deem 
proper  in  order  to  convince  himself  of  the  correctness  of  the  contents 
and  of  the  quality  of  the  articles  entered,  noting  on  the  entry  the 
corresponding  duty. 

When  the  duty  fixed  by  the  official  shall  seem  inapplicable  to  the 
interested  party,  he  may,  before  taking  out  the  merchandise,  make 
reclamation  before  the  administrator  of  the  custom-house,  who,  after 
obtaining  the  opinion  of  another  official  (vista)  who  has  taken  no  part 
in  the  inspection,  shall  fix  the  duty  that  shall  apply. 

The  examination  having  been  completed  and  the  interested  party 
being  satisfied  with  the  duties  fixed  by  the  official,  this  fact  shall  be 
noted  at  the  bottom  of  the  policy,  and  this  requisite  being  complied 
with,  the  withdrawal  of  the  merchandise  shall  be  permitted. 

When  the  entry  is  not  accompanied  by  the  consular  invoice,  50  per 
cent  additional  duty  shall  be  collected  because  of  the  absence  of 
invoice. 

Nevertheless,  when  for  any  sufficient  reason  the  importer  can  not 
furnish  the  invoice  the  established  custom  is  to  grant,  by  means  of  a 
signed  agreement,  an  extension  of  time  of  two  or  three  months  for  its 
presentation. 

Travelers  who  import  new  articles  in  their  baggage  must  submit  an 
invoice  if  the  amount  of  the  duties  exceed  100  pesos. 

Samples  of  goods  imported  by  traveling  salesmen  shall  be  admitted 
free  of  duties  upon  the  condition  of  being  reexported  within  the  time 
indicated  by  the  custom-house. 

(D)  Merchandise  may  be  withdrawn  from  the  custom-houses  by  lot 
without  paying,  during  the  first  month,  counting  from  the  date  of  its 
unloading,  any  storage  charges. 

Goods  may  remain  deposited  in  the  registration  warehouses  for  six 
months  on  payment  of  the  storage  duties  required  by  law. 

(E)  After  the  expiration  of  the  six  months  granted  by  the  customs 
regulations  for  the  retaining  of  foreign  merchandise  or  goods  in  the 
customs  warehouses,  the  owners  or  consignees  shall  withdraw  them 
within  the  time  fixed  by  the  administrator,  and  which  in  no  case  shall 
exceed  fifteen  days,  but  if  within  this  period  the  interested  parties 
should  not  remove  the  merchandise  it  shall  be  sold  at  public  auction 
after  it  has  been  appraised  by  one  or  more  experts  appointed  by  the 
administrator,  collecting  from  the  proceeds  the  importation  duties  and 
storage  charges. 


64  FIEST   CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

If  the  owner,  consignee,  or  legal  representative  of  the  merchandise 
sold  at  auction  should  be  absent  or  unknown,  the  excess  resulting  in 
his  favor  shall  be  deposited  in  the  National  Treasury. 

(F)  The  warehousemen  shall  keep  by  double  entry  the  warehouse 
account,  entering  in  the  daybook  the  items  of  receipts  and  withdrawals 
of  packages,  verifying  the  receipts  with  the  freight  manifests  duly 
cancelled,  and  the  withdrawals  with  the  stub  of  the  receipt  of  the 
interested  party  who  presented  the  entry  of  registration. 

The  section  of  revision  shall  examine  the  storage  accounts  of  the 
custom-houses,  consulting  manifests  and  policies  in  order  to  determine 
whether  the  balance  of  packages  on  hand  in  each  warehouse  agrees 
with  the  movement  of  packages  during  the  month. 

(G)  All  foreign  merchandise  imported  shall  be  nationalized  by  pay- 
ing the  duties  prescribed  by  law.  The  transit  of  foreign  merchandise 
throucrh  the  territory  of  the  Republic,  as  well  as  the  temporary  admis- 
sion and  devolution  of  duties  (drawbacks),  does  not  exist  in  our 
customs  laws. 

Nmnenclature. 

(A)  The  basis  of  a  common  nomenclature  that  may  be  used  in 
official  documents  will  be  explained  on  answering  subdivision  or 
point  {d). 

(B)  The  advantages  of  the  metric  system  are  well  known.  Its 
adoption  by  all  the  American  nations  would  encourage  commercial 
interchange  by  removing  the  difficulties  that  are  occasioned  by  the 
variety  and  inexactness  of  the  ancient  system  of  weights  and  measures. 
Later  I  will  mention  some  other  of  its  advantages. 

(C)  The  common  adoption  of  commercial  English  terms  would 
encounter  difficulties  in  the  Latin- American  countries  on  account  of 
being  derived  from  a  language  generally  unknown  in  these  countries 
and  because  it  is  contrary  to  long-established  customs.  Only  those 
expressions  whose  use  has  been  greatly  generalized  in  the  commercial 
world  could  be  adopted. 

(D)  Means  which  can  be  recommended  for  establishing  a  common 
nomenclature. 

1.  The  adoption  of  the  metric  system  as  the  only  legal  system  for 
all  the  Republics  of  America. 

The  metric  system  being  based  on  rigid  scientific  principles  is  the 
only  system  that  offers  guaranties  of  exactness  and  uniformity  in 
weights  and  measures.  It  is  used  in  the  majority  of  commercial  coun- 
tries, and  is  the  system  that  offers  the  greatest  facilities  for  mathe- 
matical calculations.  For  this  reason  Guatemala  adopted  it  officially 
in  all  customs  operations  since  the  year  1893,  and  now  1  should  be  very 
much  pleased  to  see  it  adopted  also  by  all  the  other  countries  of  the 
continent. 

2.  The  unification,  in  so  far  as  possible,  of  the  systems  and  methods 
of  customs  classification  and  dispatch  of  merchandise  in  the  custom- 
houses of  America,  as  well  as  the  legal  efforts  to  permit  the  arrival, 
disc^harge,  and  clearance  of  vessels  at  ports,  and  the  arrival  and 
embarkment  of  passengers. 

The  advantages  which  would  result  to  international  commerce  by 
uniforming  customs  operations  or  procedure,  adopting  those  which 
offer  the  greatest  guaranties  and  facilities,  not  only  to  governments 
but  also  to  individuals,  are  so  obvious  and  important  that  they  need 


FIEST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  65 

no  recommendation.     This  would  aLso  greatl}^  aid  the  uniforming  of 
the  nomenclature. 

3.  To  compile  and  publish  a  dictionary  of  nomenclature  and  mer- 
cantile customs  of  the  American  Republics. 

4.  I  do  not  think  there  is  a  more  practical  means  of  uniforming  the 
nomenclature,  and  avoiding  the  difficulties  that  arise  from  the  differ- 
ence in  names  with  which  goods  are  designated,  in  the  commercial 
and  customs  operations  and  procedure,  than  by  compiling  a  dictionary 
printed  in  Spanish,  English,  and  Portuguese,  or  at  least  in  the  first 
two  languages,  and  which  shall  contain  a  clear  and  concise  explanation 
of  all  the  principal  words  and  mercantile  technicalities  used  in  these 
countries,  all  under  the  following  or  some  similar  plan: 

(a)  The  work  should  be  edited  by  a  committee  of  capable  persons 
appointed  by  the  different  nations  interested,  (h)  The  work  to  be 
issued  in  three  volumes,  corresponding  to  the  three  languages  spoken 
in  America,  i.  e.,  Spanish,  English,  and  Portuguese,  (c)  The  diction- 
ary to  contain  in  alphabetical  order:  First,  the  word  in  the  language 
to  which  the  volume  corresponds;  second,  the  synonyms  and  provin- 
cialisms that,  with  the  same  meaning,  are  used  in  the  different  coun- 
tries of  America  that  speak  the  same  language;  third,  the  translation 
of  the  principal  word  into  the  other  two  languages  (in  the  Spanish 
edition  the  translation  of  the  English  and  Portuguese;  in  the  English 
edition  the  translation  of  the  Spanish  and  Portuguese,  etc.);  fourth,  a 
definition,  in  the  language  to  which  the  volume  corresponds,  of  the 
meaning  of  the  word  under  consideration  and  of  the  most  important 
data  respecting  its  application  and  use  in  the  American  countries. 
(d)  The  work  should  be  popularized  and  circulated  as  much  as  possible 
everywhere. 

Anyone  who  has  felt  the  difficulties  that  are  experienced  in  deter- 
mining the  meaning  in  one  country  of  the  commercial  terms  used  in 
another,  not  only  where  different  languages  are  used,  but  even  where 
the  same  language  is  spoken,  will  readily  understand  that  only  a  work 
like  this,  the  publication  of  which  is  proposed,  could  establish  the 
basis  of  a  common  nomenclature. 

How  useful  it  would  be  to  merchants,  commission  men,  consignees, 
producers,  customs  emplo3^ees,  and  other  persons  interested  in  com- 
mercial interchange,  may  be  easily  imagined  when  one  considers  that 
there  is  no  technical  work  in  existence  that  could  fill  the  void  I  have 
mentioned. 


APPENDIX  P. 
MEXICO. 

Report  on  Merchandise. 

(A)  It  is  the  duty  of  foreign  shippers  of  merchandise,  consigned  to 
a  Mexican  port,  to  deliver  to  the  Mexican  consul  four  copies  of  an 
invoice  containing  the  following  data: 

Class,  nationality,  and  name  of  the  vessel  in  which  the  merchandise 
is  shipped;  the  name  of  the  captain,  the  consignee  of  the  goods,  and 
the  port  of  destination;  the  marks  and  number  of  packages,  class,  and 

S.  Doc.  180 5 


66  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

numbers  on  the  boxes;  the  gross  weight  of  the  packages;  the  units 
that  serve  for  adjusting  the  duties,  such  as  the  legal  kilo  for  mer- 
chandise paying  duty  by  weight,  or  the  thousand  for  merchandise 
paying  duty  according  to  that  unit,  etc. ;  the  class  of  merchandise  in 
conformity  with  the  classifications  of  the  tariff  or  vocabulary;  the 
country  where  the  goods  originate,  their  value,  the  place  where  the 
invoice  was  made,  together  with  the  date,  the  signature  of  the  shipper, 
and  an  affirmation  of  the  truthfulness  of  the  declaration. 

The  four  copies  furnished  the  consul  shall  be  certified  to  by  him 
and  distributed  as  follows:  One  to  the  shipper,  together  with  the  con- 
sular receipt;  one  for  filing  in  the  consulate;  one  by  mail  to  the 
administrator  of  the  custom-house  to  which  the  goods  are  consigned, 
and  one  by  mail  to  the  general  administrator  of  customs  (direccion 
general  de  aduanas). 

On  the  arrival  of  the  vessel  in  the  port  and  upon  request  of  the 
captain,  the  unloading  of  the  goods  which  are  under  the  authority  of 
the  custom-house  shall  be  permitted,  placing  the  same  in  warehouse  or 
under  cover,  according  to  the  class  of  merchandise,  and  comparing  the 
number  and  kinds  of  packages,  marks  and  numbers  on  the  same,  with 
the  manifest  furnished  by  the  captain. 

The  owner  or  consignee  of  the  merchandise  in  the  port  shall  present 
the  bill  of  lading,  in  which  the  shipper  names  him  as  his  legal  con- 
signee, for  the  purpose  of  identification.  He  shall  request  delivery, 
furnishing  a  list  (pedimento),  in  triplicate,  which  shall  specify  the  date 
contained  in  the  invoice,  which  list  may  be  modified  should  the  ship- 
per, at  the  time  of  making  his  invoice,  have  made  a  mistake,  but  said 
modifications  shall  not  relate  to  the  number  of  packages,  and  shall  be 
accepted  without  the  imposition  of  a  penalty,  provided  that,  in  the 
judgment  of  the  administrators,  there  is  no  fraud  but  simply  an  error 
in  the  making  of  the  invoices. 

The  dispatch  of  the  merchandise  being  completed  and  the  amount 
of  the  duties  paid  or  secured  by  bond,  the  administrator  shall  deliver 
the  packages  to  the  consignee,  taking  his  receipt  therefor. 

If  the  merchandise  should  not  be  for  use  in  the  place  where  the  cus- 
tom-house is  located,  the  latter  shall  issue  a  document  authorizing  the 
introduction  of  the  goods  into  the  place  of  consumption. 

Foreign  merchandise  for  transit  in  a  zone  extending  into  the  inte- 
rior 40  kilometers  from  the  coasts  and  frontiers  shall  be  accompanied 
by  the  document  referred  to  in  the  foregoing  paragraph.  For  transit 
throughout  the  rest  of  the  country  no  document  whatever  is  necessary. 

(B)  The  despatch  of  goods  shall  be  effected  in  the  custom-house 
building,  and  all  fragile  or  delicate  merchandise  dispatched,  such  as 
textiles,  fine  hardware,  jewelry,  etc.,  shall  be  inspected  in  the  interior 
of  the  building,  but  the  dispatch  of  machinery  and  other  rough  goods 
may  be  permitted  in  the  yards  or  platforms. 

He  who  is  designated  in  the  bill  of  lading  by  the  shipper  as  the  con- 
signee shall  be  considered  as  such,  but  when  the  consignment  is  in 
favor  of  one  person  but  in  the  care  of  another,  the  one  who  presents 
the  bill  of  lading  shall  be  considered  as  the  consignee.  If  the  bill  of 
lading  indicates  that  the  consignment  is  ''to  order,"  the  consignee 
shall  be  considered  the  last  person  in  whose  favor  the  bill  of  lading  is 
indorsed.  The  consignees  designated  in  the  bills  of  lading  have  the 
right  to  reject  the  consignment  of  the  merchandise  before  requesting 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  67 

its  dispatch,  said  renouncement  or  rejection  to  Ibe  made  in  writing 
accompanied  by  the  bill  of  lading  and  the  invoices,  if  in  their  posses- 
sion. In  this  case  the  shippers,  whom  the  custom-house  shall  advise 
through  the  consul  who  certified  the  invoice,  shall  name  a  new  con- 
signee, but  if  any  consul  of  a  friendly  nation  should  take  charge  of  the 
consignment  in  his  official  capacity,  the  custom-house  shall  accept  him 
as  the  legitimate  consignee. 

The  declarations  in  the  lists  (pedimentos)  of  importation  with  refer- 
ence to  the  class  of  merchandise  should  be  made  either  in  the  exact 
terms  of  the  tariff  or  in  generic  terms,  adding  the  number  of  the  sec- 
tion that  corresponds  to  the  merchandise  and  its  quota.  In  the  lists 
(pedimentos)  of  importation  of  goods  in  transit  the  declarations  shall 
be  subject  to  the  rules  that  govern  in  ordinary  importations. 

(C)  The  consignees  of  merchandise  shall  make  their  declarations  in 
accordance  with  the  data  contained  in  the  consular  invoices,  but  if  said 
data  should  not  specify  clearly  the  class  of  merchandise  or  any  other 
particulars,  or  if  the  consignee  should  fear  some  error  committed  at 
the  time  of  making  the  invoices,  he  shall  request  a  revision  of  the  mer- 
chandise before  its  dispatch  in  order  to  render  his  declaration  more 
perfect.  He  shall  request  from  the  administrator  of  the  custom-house 
the  classification  that  corresponds  to  the  merchandise  in  case  he  should 
be  in  doubt  regarding  the  true  classification. 

After  the  presentation  or  delivery  to  the  custom-house  of  the  list 
(pedimento)  it  shall  be  compared  with  the  corresponding  consular 
invoice,  care  being  taken  to  note  in  a  special  column  of  "observations 
of  the  accounting  department"  the  differences  that  may  exist  between 
the  two  documents  named. 

An  inspector  shall  be  appointed  who  shall  conduct  the  inspection  of 
the  goods.  The  packages  that  must  be  opened  having  been  selected  by 
the  inspector,  he  shall  proceed  to  examine  all  the  merchandise  con- 
tained in  each  one  of  said  packages  in  order  to  determine  whether  the 
declarations  of  the  list  (pedimento)  agree  with  the  tariff  classification 
of  the  merchandise,  and  if  discrepancies  are  found  they  shall  be  noted 
in  a  special  column  of  "  observations  of  the  inspector,"  and  an  account 
in  writing  furnished  the  administrator. 

If  the  merchandise  should  not  be  classified  in  the  tariff  or  vocabulary, 
it  shall  be  declared  "  de  asimilacion  "  (classification  by  analogy),  and  the 
inspector,  in  conjunction  with  the  administrator,  shall  fix  by  analogy 
the  rate  that  obtains  on  articles  similar  in  composition  and  use,  and 
these  cases  of  classification  by  analogy  should  be  discussed  by  the 
Treasury  Department  in  connection  with  the  samples  or  merchandise. 

The  examination  having  been  completed,  the  list  (pedimento)  shall 
be  sent  to  the  accounting  department,  where  the  arithmetical  operations 
shall  be  performed,  taking  as  the  quantity  that  which  is  given  in  the 
list,  provided  the  inspector  has  not  noted  on  said  list  that  the  quantity 
is  greater,  and  shall  accept  as  the  rate  that  which  the  inspector  desig- 
nates as  corresponding  to  the  merchandise.  In  fixing  this  quota  it 
should  be  borne  in  mind  that  the  Mexican  tariff  consists  of  fixed  rates, 
applied  to  a  given  unit  or  standard,  that  vary  according  to  the  class  of 
the  goods,  the  units  being  as  follows:  Gross  kilogram,  legal  kilogram, 
net  kilogram,  piece,  pair,  thousand,  square  meter,  head,  etc.  By  gross 
weight  is  meant  the  weight  of  the  merchandise,  including  wrapping, 
packing,  and  boxing;  by  legal  weight  the  weight  of  the  merchandise 


68  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

without  the  outer  packing  or  the  straw  or  shavings,  and  by  net  weight 
the  intrinsic  weight  of  the  merchandise.  Glass  pays  duty  on  gross 
weight,  silks  on  net  weight,  timepieces  by  the  piece,  footwear  b}^  the 
pair,  bricks  by  the  thousand,  cotton  and  linen  fabrics  by  the  square 
meter,  and  horses  by  the  head,  etc. 

Should  it  happen  at  the  time  of  dispatching  the  merchandise  or 
goods  that  less  duties  than  those  declared  should  have  been  collected, 
a  sample  shall  be  sent  to  the  general  administrator  of  customs,  in  order 
that,  in  conformity  with  the  recommendation  of  that  office,  the  Treas- 
ury Department  be  authorized  to  return  the  duties  overpaid,  and  the 
return  of  duties  shall  also  be  allowed  in  case  the  quantity  of  the  mer- 
chandise was  less  than  that  declared,  in  which  case  it  will  not  be  nec- 
essary to  send  a  sample,  the  notation  made  by  the  inspector  on  the 
pedim£nto  (list)  being  sufficient. 

If  the  inspector  should  find  any  difference  in  the  despatch,  and  the 
consignee  should  not  be  satisfied  with  the  decision  of  said  officer,  he 
may  submit  the  case  to  the  opinion  of  experts,  applying  to  the  treas- 
ury department  through  the  general  customs  office,  or  the  consignee 
may  obtain  a  decision  by  judicial  proceedings. 

The  amount  of  the  duties  having  been  adjusted,  payment  of  the 
total  sum  shall  be  made,  plus  the  additional  duties,  as  follows:  1\  on 
the  importation  duties  for  the  municipalities  of  the  place  where  the 
custom-house  through  which  the  goods  enter  is  situated.  (In  the  ports 
of  Tampico  and  Vera  Cruz  it  is  2  per  cent.) 

A  certain  per  cent,  varying  with  the  fluctuations  of  exchange,  and 
which  is  equal  to  half  of  the  difference  between  200  and  the  rate  fixed 
by  the  treasury  department  for  each  month,  being  the  average  rate 
of  exchange  of  the  previous  month  (deducting  30  per  cent  of  the  dif- 
ference between  200  and  the  true  average  rate). 

The  right  of  transit  is  2  per  cent  on  the  duties  that  the  merchandise 
transported  pays,  and  25  cents  per  1,000  kilos  on  merchandise  which 
pays  no  importation  duties.  The  right  of  transit  shall  only  occur  at 
the  places  designated  by  the  Government  beforehand.  At  the  present 
time  a  plan  is  being  considered  for  the  modification  of  this  feature  in 
a  manner  favorable  to  traffic. 

(D)  At  present  there  are  only  general  deposit  warehouses  in  the 
ports  of  Vera  Cruz  and  Guaymas,  and  in  the  Cit}^  of  Mexico.  The 
warehouses  at  Guaymas  belong  to  the  Government,  and  those  in  Mexico 
and  Vera  Cruz  to  private  parties. 

Goods  intended  for  deposit  should  come  protected  by  the  corre- 
sponding consular  invoice,  and  the  consignee  shall  request  that  they 
be  admitted  for  deposit  accompanied  by  said  invoice. 

While  goods  are  in  the  warehouses  they  shall  pa}^  a  storage  tax  of 
1  cent  daily  per  100  kilos  or  fraction  thereof  during  the  first  and  sec- 
ond months;  2  cents  daily  per  100  kilos  or  fraction  thereof  durmg  the 
third  and  fourth  months,  and  3  cents  daily  for  each  100  kilos  or  frac- 
tion thereof  during  the  fifth  and  sixth  months.  The  duties  are  on 
each  invoice  or  lot  and  not  on  each  package. 

In  taking  the  packages  out  of  deposit  the  following  rules  shall  be 
observed:  If  it  is  desired  to  take  them  out  for  home  consumption  a 
certificate  of  dispatch  shall  be  presented,  the  same  as  is  done  in  ordi- 
nary importation.  The  withdrawal  from  the  warehouses  of  the  pack- 
ages may  be  either  in  whole  or  in  part,  but  shall  always  consist  of  whole 


FIRST   OITSTOMS   CONGRESS    OF   AMERICAN   REPUBLICS.  69 

packages.  The  merchandise  extracted  from  the  warehouses  for  con- 
sumption shall  be  subject  to  importation  duties  in  accordance  with  the 
tariff  in  force  on  the  arrival  of  the  goods  in  the  country. 

Merchandise  that  may  be  exported  after  having  remained  in  the 
deposit  warehouses  shall  be  subject  to  no  other  duty  than  that  of 
storage.  Its  dispatch  shall  be  governed  the  same  as  for  importations, 
and  penalties  or  fines,  equal  to  the  amount  of  the  duties  that  are  caused 
by  the  differences  found,  shall  be  imposed. 

(E)  The  custom-houses  have  the  right  to  dispose  at  public  auction 
of  goods  abandoned  by  their  owners  or  those  taken  as  contraband. 
These  auctions  shall  be  subject  to  the  following  rules: 

Publication  of  the  auction  shall  be  made  through  the  press  and  by 
means  of  notices  displayed  in  the  custom-house,  and  the  auction  shall 
be  conducted  by  an  auctioneer,  the  auditor  of  the  custom-house  being 
present. 

There  shall  be  paid  from  the  proceeds  of  the  auction  the  importation 
duties,  storage,  etc.,  and  the  remainder  shall  be  placed  at  the  disposal 
of  the  owner  of  the  merchandise  for  one  year,  after  the  expiration  of 
which  period,  if  not  called  for  (notification  having  been  given  through 
the  press  and  by  proclamation),  it  shall  become  a  part  of  the  fund 
known  as  "Aprovechamientos  de  la  Hacienda  Publica"  (Profit  of  the 
Public  Treasury). 

Merchandise  is  liable  to  the  Government  for  duties  and  fines,  and  the 
custom-house,  after  the  time  prescribed  for  collecting  or  delivering  the 
merchandise  has  expired,  shall  proceed  to  sell  it. 

(F)  The  declaration  of  the  merchandise  being  definite,  not  only  as 
to  quality  but  also  as  to  quantity,  the  custom-houses  can  therefore  deter- 
mine the  exact  duties  the  goods  must  pay  without  the  necessity  of 
examining  the  merchandise,  so  that  an  examination  is  not  usually  made 
of  all  the  goods  but  only  of  a  certain  number  of  packages  in  order  to 
determine  the  correctness  of  the  declarations.  An  examination  of  the 
contents  of  at  least  10  per  cent  of  the  packages  of  each  lot  of  merchan- 
dise should  be  made,  and  when  there  are  less  than  ten,  one  should  be 
examined;  but  if  in  the  package  selected  by  the  inspector  goods  are 
found  incorrectly  declared,  the  examination  shall  be  extended  to  a 
greater  number  of  packages,  and  even  to  all  of  them.  Every  package 
in  which  the  declaration  differs  from  the  invoice  shall  be  examined,  and 
noted  in  the  record  in  the  proper  column. 

(G)  All  merchandise  imported  into  the  Republic  pays  duties  in  cash, 
except  merchandise  imported  into  the  country  as  samples  to  be  reex- 
ported at  the  expiration  of  a  fixed  time,  and  said  security  being  can- 
celled when  the  reexportation  occurs.  This  applies  to  the  wardrobes, 
scenery,  etc.,  of  theatrical  companies. 

The  duties  collected  in  cash  are  not  returned  upon  the  reexportation 
of  the  goods  that  occasioned  them,  with  the  single  exception  of 
cotton  fabrics  manufactured  in  the  countr}^,  and  that  are  exported, 
which  fabrics  are  credited,  in  the  nature  of  a  bounty,  at  the  rate  of  8 
cents  per  net  kilo,  the  aggregate  of  which  is  equivalent  to  the  duties 
that  foreign  cotton  fabrics  pay. 


70  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 

APPENDIX  G. 
MEXICO. 

Report  on  Vessels. 

(A)  Every  vessel  which  in  a  foreign  port  loads  goods  for  a  Mexican 
port  shall  carry  a  manifest  certified  b}^  the  Mexican  consul  in  the  port 
of  clearance. 

The  manifest  shall  contain  the  following  data:  Number,  consecu- 
tively, of  the  bills  of  lading;  marks  and  numbers  of  the  packages; 
number  of  the  packages  of  which  each  lot  of  merchandise  consists, 
and  contents  of  the  packages  in  generic  terms  in  accordance  with  the 
declaration  made  by  the  shippers  in  the  bills  of  lading;  names  of  the 
consignees  of  the  merchandise  at  the  port  of  destination. 

The  manifest  shall  show  the  total  of  the  packages  which  the  vessel 
carries  for  the  port  to  which  it  is  dispatched. 

Before  the  sailing  of  the  vessel  the  manifest,  in  quadruplicate,  shall 
be  delivered  to  the  Mexican  consulate.  The  captain  shall  obtain  from 
the  consulate  a  copy  of  said  manifest,  duly  certified,  which  he  shall 
retain  for  delivery  to  the  officials  of  the  Mexican  custom-house  when 
they  come  on  board  the  vessel  at  the  port  of  destination. 

If  the  vessel  carries  merchandise  for  difi'erent  Mexican  ports,  it 
should  carry  a  manifest  for  each  port. 

If  the  vessel  clears  in  ballast  from  a  foreign  port  to  a  Mexican  port, 
it  should  also  deposit  in  the  consulate  a  manifest  in  quadruplicate, 
stating  that  it  does  not  carry  merchandise,  and  the  captain  should  also 
retain  a  copy  of  said  manifest,  duly  certified  to  by  the  consul,  for  the 
purposes  that  have  already  been  indicated. 

If  in  the  port  of  clearance  of  the  vessel  there  is  no  Mexican  consular 
agent,  the  captain  shall  make  a  manifest  in  triplicate  containing  the 
data  already  mentioned,  and  shall  forward  by  registered  mail  from 
the  post-office  of  the  port  two  copies  of  the  same,  addressed,  respec- 
tively, to  the  general  customs  administrator  (direccion  general  de  adua- 
nas)  and  to  the  custom-house  of  the  port  of  clearance.  The  other  copy 
he  shall  keep  in  his  possession,  together  with  the  registration  postal 
receipts,  showing  that  before  sailing  he  deposited  in  the  post-office  the 
two  copies  referred  to. 

No  vessel  shall  clear  from  a  foreign  to  a  Mexican  port  if  it  is  not 
duly  equipped  and  provisioned  for  carrying  commerce  on  the  high 
seas. 

When  a  vessel  has  to  load  freight  at  a  Mexican  port  for  a  foreign 
port,  the  captain  or  consignee  shall  submit  to  the  custom-house  a 
request  expressing  his  desire  to  take  on  board  goods  for  exportation. 
Permission  being  granted,  the  vessel  can  commence  to  take  on  freight 
even  though  it  has  not  finished  unloading,  if  there  are  facilities  for 
performing  simultaneously  both  operations. 

As  soon  as  the  captain  of  the  ship  expresses  a  desire  to  be  cleared 
for  a  foreign  port  the  customs  officials  shall  comply,  if  the  vessel  has 
finished  unloading  the  goods  that  it  brought  for  the  port  and  upon 
payment  in  advance  of  the  port  dues  that  it  may  have  occasioned. 

(B)  The  ship,  having  arrived  in  port,  receives  the  visit  of  the  sani- 
tary inspector  and  of  the  chief  of  the  revenue  inspectors  (comandante  del 
resguardo).     To  the  first  the  captain  shall  deliver  his  bill  of  health 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  71 

and  give  an  account  of  the  sanitary  condition  of  the  crew  and  passen- 
gers; to  the  second,  the  papers  corresponding  to  the  customs  service, 
and  which  are  the  following: 

The  manifests  of  the  freight  which  the  vessel  carries,  certified  by 
the  Mexican  consuls  in  the  manner  already  indicated,  or  accompanied 
by  the  corresponding  postal  receipts  hereinbefore  mentioned. 

A  description  of  the  packages  of  samples  that  come  consigned  to 
the  port. 

A  list  of  the  passengers,  giving  the  number  of  pieces  of  baggage 
that  each  one  brings. 

A  detailed  statement  of  the  supplies  contained  on  board  for  the  sus- 
tenance of  the  crew  and  passengers  and  for  the  use  of  the  vessel. 

An  account  of  the  inflammable  substances  or  explosives  that  the 
vessel  carries  for  the  port. 

If  by  reason  of  an  accident  at  sea  it  should  have  become  necessary 
to  throw  overboard  a  part  of  the  cargo  of  a  vessel,  on  receiving  the 
anchorage  visit  the  captain  shall  relate  what  has  happened  to  the  chief 
of  the  revenue  inspectors,  so  that  the  latter  may  make  the  necessary 
investigation. 

The  manifests  of  the  freight  that  the  vessel  carries  for  other  Mexi- 
can ports,  and  the  same  manifests  or  an  account  of  the  merchandise 
which  it  may  have  on  board  destined  to  another  foreign  port.  These 
documents  shall  be  deposited  in  the  custom-house  and  shall  be  returned 
to  the  captain  when  the  operations  are  terminated  in  the  port  and  he 
requests  clearance  in  order  to  continue  his  voyage. 

(C)  The  anchorage  visit  having  been  terminated  and  the  vessel  given 
f ree  practique,  the  captain  or  consignee  shall  submit  to  the  customs 
oflicials  a  request,  in  order  that  he  may  be  authorized  to  unload, 
accompanying  the  request  with  two  copies  of  the  general  manifest 
written  in  the  Spanish  language.  If  the  documents  delivered  by  the 
captain  to  the  chief  of  the  revenue  inspectors  are  in  due  form,  the 
custom-house  shall  permit  immediate  discharge. 

Vessels  of  established  lines  that  make  regular  visits  to  Mexican 
ports  are  permitted  to  commence  unloading  as  soon  as  the  anchorage 
visit  is  terminated,  provided  the  captain  delivers  his  papers  in  due 
form,  under  the  conditions  that  the  agent  submit  to  the  custom-house 
the  request  for  unloading  and  the  copies  of  the  manifests  within  a 
reasonable  time.  This  period  shall  not  exceed  the  time  necessary  for 
the  agent  to  receive  the  ship's  papers  and  formulate  its  request.  " 

The  unloading  of  inflammable  substances  and  of  samples  that  are  not 
included  in  the  general  manifest,  but  only  in  the  separate  account  of 
which  mention  has  been  made,  are  also  authorized  immediately  after 
complying  with  the  formalities  of  anchoring. 

Unloading  at  night  is  authorized  in  those  f)orts  which,  owing  to  their 
conditions,  are  adapted  to  said  operations  without  danger  and  under  a 
good  system  of  revenue  inspectors  that  will  prevent  fraudulent  trans- 
actions. Such  unloading  is  authorized  on  request  from  the  captain  or 
agent  of  the  vessel,  and  will  only  be  granted  to  those  steamships  that 
are  obliged  to  shorten  their  stay  in  port  in  so  far  as  it  may  be  possible; 
but  the  granting  of  these  requests  not  being  obligatory,  such  permis- 
sion may  be  denied  when  circumstances  so  require. 

For  said  operation  of  unloading  at  night  the  captain  or  consignee  of 
the  vessel  shall  give  to  the  custom-house  a  bond,  in  the  sum  that  he  may 
require,  for  the  purpose  of  insuring  against  any  breach  that  may  be 


72  FIEST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

permitted,  and  to  protect  the  custom-house  from  the  responsibilities 
that  it  may  incur  on  account  of  having  granted  the  permission.  The}^ 
shall  also  be  responsible  to  the  consignees  of  the  goods  for  the  dam- 
ages that  the  merchandise  may  suffer  on  account  of  the  unloading  at 
unusual  hours.  The  officers  that  the  custom-house  appoints  to  watch 
those  operations  are  entitled  to  a  compensation  equal  to  three  times 
the  daily  salary  that  each  one  of  them  enjoys,  during  the  nights  in 
which  they  perform  the  extra  work  referred  to,  and  the  custom-house 
shall  receive  from  the  captain  or  consignee  of  the  vessel  the  amount 
of  said  compensation  for  the  purpose  of  distributing  it  among  the 
employees  to  whom  it  belongs. 

In  the  same  manner  and  under  the  same  circumstances  steamships 
may  be  permitted  to  load  during  the  night  freight  for  exportation. 

(D)  The  regular  unloading  of  vessels  may  commence  during  the 
early  hours  of  the  morning,  as  soon  as  there  is  sufficient  natural  light, 
but  according  to  the  manner  in  which  it  is  done  and  the  customs  of 
each  port,  the  custom-houses  shall  regulate  same,  suspending  it  at  the 
proper  time,  so  that  when  daylight  ceases  the  unloaded  merchandise 
may  be  situated  at  the  place  it  is  to  occupy  until  it  is  delivered. 

(E)  The  operations  of  a  vessel  in  a  port  being  finished,  the  captain 
may  request  clearance  for  another  port,  whether  it  be  for  the  purpose 
of  loading  or  unloading  merchandise,  the  taking  on  or  the  letting  off 
of  passengers,  etc.  The  custom-house  shall  dispatch  the  vessel  as  soon 
as  clearance  is  solicited,  provided  the  sanitary  regulations  have  been 
complied  with  and  the  port  dues  that  have  been  occasioned  paid. 

(F)  Tonnage  dues. — As  a  basis  for  the  collection  of  port  dues,  the 
tons  of  gross  burden  which  the  ship  measures  shall  be  charged  for  at 
the  rate  of  10  cents  per  ton  for  sailing  vessels,  and  6  cents  for  steam- 
ships. 

Every  national  or  foreign  vessel  engaged  in  the  operations  of  com- 
merce that  arrives  at  a  Mexican  port,  proceeding  from  a  foreign  port, 
is  subject  to  this  tax.  When  the  vessel  touches  at  different  Mexican 
ports  it  is  subject  to  the  tax  only  in  the  first  one  at  which  it  arrives. 

The  steamship  companies  that  make  regular  trips,  according  to  fixed 
time-tables,  between  foreign  and  Mexican  ports,  may  obtain,  by  vir 
tue  of  a  contract  made  with  the  department  of  communications,  and 
by  agreeing  to  carry  the  mails,  reductions  in  the  amount  of  the  ton- 
nage dues  that  may  amount  to  as  high  as  75  per  cent  on  the  Pacific 
coast,  and  50  per  cent  on  the  Atlantic. 

Additional  tonnage  dues. — These  dues  are  levied  in  all  ports  where 
the  Government  has  made  material  improvements,  whether  for  the 
purpose  of  giving  to  vessels  greater  security  in  the  place  of  anchorage 
or  greater  facilities  in  the  operation  of  loading  or  unloading. 

This  tax  is  at  present  only  collected  in  the  ports  of  Vera  Cruz,  Pro- 
greso,  Frontera,  and  the  island  of  Carmen,  taking  as  a  basis,  as  in  that 
of  tonnage,  the  gross  burden  of  the  vessel,  and  at  the  rate  of  5  cents 
per  ton  for  sailing  vessels  and  3  cents  for  steamships. 

Every  vessel  which  arrives  at  an  improved  port  is  subject  to  this 
tax,  regardless  of  its  nationality  and  origin,  and  only  \yar  ships,  ships 
in  distress,  and  those  exclusively  engaged  in  fishing  are  exempt 
from  it. 

Sanitary  dues. — These  are  divided  into  two  classes,  as  follows: 

Dues  for  entrance  inspection. — Vessels  coming  from  abroad  which 
arrive  at  Mexican   ports   are   subject  to   the   tax  in   the  following 


FIRST   CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS.  73 

manner,  that  is  to  say,  always  upon  the  basis  of  the  gross  tonnage  of 
the  vessel:  At  the  iirst  Mexican  port,  2  cents  per  ton;  at  each  of  the 
other  ports,  1  cent  per  ton. 

Fees  for  hills  of  health. — Every  vessel  that  requests  clearance  for  a 
foreign  port  is  subject  to  this  fee  at  the  rate  of  |5  for  each  steamship 
and  %2>  for  each  sailing  vessel.  If  the  vessel  proceeds  to  another  Mexi- 
can port,  it  must  pay  the  tax  at  the  rate  of  $3  if  of  the  first  class  of 
vessels  and  f  2  if  of  the  second. 

(G)  For  the  measurement  of  vessels,  and  with  the  object  of  deter- 
mining their  gross  and  net  tonnage,  the  rules  established  by  the  Inter- 
national Commission  of  Measurement,  which  met  in  Constantinople  in 
1873,  are  followed,  the  unit  being  that  of  the  ton  of  2.83  cubic  meters. 

Said  commission  adopted  two  different  rules  for  the  measurement  of 
vessels;  but  as  the  first  one  of  these  can  not  properly  be  put  into  prac- 
tice, except  in  vessels  under  course  of  construction  and  while  they  are 
being  built,  in  general  for  customs  operations  the  second  rule  is  applied, 
and  even  though  it  is  known  that  it  does  not  give  mathematically  correct 
results,  but  only  approximate  ones,  these  results  are  sufficient  for  the 
purpose,  that  is  to  say,  the  collection  of  the  duties,  taking  as  a  basis 
the  tonnage  of  the  vessel.  In  general  the  custom-houses  for  the  collec- 
tion of  these  duties  are  governed  by  the  tonnage  given  in  the  certifi- 
cate of  registry  of  the  vessel,  when  the  same  shows  all  the  evidence  of 
authenticity  that  are  necessary,  and  only  where  the  captain  of  the  ship 
can  not  present  said  certificate,  or  where,  for  any  reason,  it  is  suspected 
that  the  result  given  is  not  correct,  shall  the  measurement  of  the  vessel 
be  taken  in  accordance  with  the  rules  already  mentioned.  As,  in  con- 
formity with  our  laws,  port  dues  are  calculated  upon  the  basis  of  the 
gross  tonnage  of  the  vessel  and  not  of  the  net  tonnage,  no  deductions 
whatever  are  made  on  determining  the  latter,  which  it  is  of  no  interest 
to  know. 

When  the  vessel  is  a  Mexican  vessel  in  whose  registry  it  is  desired 
to  record  the  gross  and  net  tonnage  belonging  to  it,  wherever  it  is 
possible  the  first  rule  of  those  established  at  the  convention  of  Con- 
stantinople, with  the  deductions  that  the  same  indicate,  is  followed. 

(H)  As  a  basis  for  the  collection  of  duties  it  is  preferable  to  take  the 
gross  weight  of  the  vessels  and  not  the  net,  because  the  first  is  easier 
to  prove.  On  the  other  hand,  it  must  be  borne  in  mind  that  if  there 
is  uniformity  as  regards  the  first,  since  nearly  all  nations  have  adopted 
the  rules  of  the  convention  of  Constantinople,  there  is  not  as  regards 
the  second,  since  different  systems  are  employed  for  determining  the 
net  tonnage,  and  some  nations  make  large  or  unreasonable  deductions 
from  the  gross  tonnage  in  order  to  arrive  at  the  net  tonnage.  The 
adoption  of  the  latter  as  a  basis  would  give  rise  to  continual  discussions 
and  to  the  frequent  measurement  of  foreign  vessels  in  estimating  the 
tonnage  in  accordance  with  the  rules  of  the  interested  nation.  The 
fact  of  taking  as  a  basis  the  gross  tonnage  furnishes  to  foreign  ves- 
sels trading  with  Mexican  ports  the  advantage  of  being  able  to  easily 
verify  that  tonnage  by  the  presentation  of  its  registry  or  certificate  of 
tonnage;  and  as  this  document,  in  general,  is  usually  accepted  as  cor- 
rect, it  rarely  happens  that  it  becomes  necessary  to  measure  a  foreign 
vessel  at  a  Mexican  port.  Even  should  such  a  case  arise,  as  the  oper- 
ation of  determining  the  gross  tonnage  is  simple,  it  can  be  easily  cal- 
culated without  delaying  the  vessel,  which  would  not  be  the  case  if  it 
were  necessary  to  determine  precisely  the  net  tonnage  for  the  purpose 
of  collecting  the  ])ort  dues  on  that  ]>asis. 


74  FIEST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

APPENDIX  H. 
MEXICO. 

Rej)ort  on  Nomenclature. 

MEMORANDUM. 

[Commercial  nomenclature  compiled  by  the  International  Bureau  of  the  American  Republics  in 
Washington,  in  accordance  with  the  recommendations  of  the  first  International  American  Conference.] 

The  vocabulary  compiled  by  the  International  Bureau  of  the  Ameri- 
can Republics  is  a  laborious  work  which  may  be  useful  in  finding  in  a 
foreign  language  the  equivalent  term  applied  to  the  merchandise  that 
it  is  intended  to  buy  or  to  be  sold,  but  can  not  be  available  to  the  ship- 
pers of  merchandise  while  making  their  custom-house  declarations  for 
the  following  reasons: 

(A)  The  aforesaid  nomenclature  is  framed  like  a  dictionary,  but  not 
worded  under  the  requirements  of  custom-house  technolog}' .  The  most 
important  subject  for  a  shipper  is  not  to  know  the  term  or  the  vulgar 
expression  for  the  goods  he  sends  to  a  foreign  country,  but  to  under- 
stand under  which  of  the  tariff  schedules  those  goods  are  included.  In 
the  tariff  of  each  country  said  schedules  differ  on  account  of  the  form 
under  which  the  various  articles  are  taxed  and  the  distinction  that  it  is 
intended  to  establish  among  them.  For  instance,  in  the  Mexican  tariff 
steam  engines  and  parts  thereof  or  interchangeable  pieces,  are  placed 
under  one  single  tariff'  specification.  The  proposed  vocabulary  enu- 
merates over  200  names  for  pieces  or  parts  of  steam  engines.  It  is 
entirely  useless  for  the  intending  shipper  of  machinery  to  Mexico  to 
know  the  names  of  different  parts  of  machinerj^  if  he  is  not  aware  that 
all  those  names  are  placed  under  one  single  denomination  in  the 
Mexican  tariff'. 

(B)  Although  there  are  many  Spanish-speaking  countries  in  America, 
and  notwithstanding  the  fact  that  a  common  language  is  used,  each  one 
of  them  has  its  special  custom-house  terms  and  common  or  commercial 
names  to  designate  certain  goods,  the  result  being  that  not  only  a  cer- 
tain article  may  have  several  names  in  each  country,  but  also  the  same 
word  may  be  applied  in  two  different  countries  to  two  articles  or  mer- 
chandise entirely  different;  consequently  that  which  is  easy  for  the 
English  or  Portuguese  nomenclator  to  translate,  there  being  but  two 
nations  in  America  where  those  languages  are  spoken,  renders  it  not 
only  difficult,  but  utterly  impossible,  for  the  Spanish  nomenclator,  on 
account  of  the  provincialisms  of  each  of  the  Spanish-speaking  coun- 
tries, to  obtain  the  exact  terms  or  equivalents  in  Spanish.  That  is  why 
the  proposed  vocabulary,  although  being  useful  in  other  ways,  can  not 
be  applied  to  make  uniform  the  tariff  nomenclature. 

(C)  The  main  difficulty  against  the  adoption  of  a  custom-house  tech- 
nology conjointly  for  all  the  American  countries  is  that  all  the  sched- 
ules are  framed  in  accordance  with  their  convenience  and  necessities, 
their  economical  and  industrial  conditions,  and,  "consequently, with  their 
desire  to  favor  or  to  restrain  certain  importations.  This  danger  is  not 
avoided  by  the  proposed  vocabulary. 

What  is  said  above  is  enough  to  show  that  the  making  of  a  tariff 
nomenclature  to  be  applied  to  all  the  American  countries  is  a  difficult 
and  almost  impracticable  subject,  especially  if  its  purpose  is  to  include 
in  it  specifications  in  detail;  but,  if  this  ideal  can  not  be  attained,  it  is 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  75 

possible  to  reach  almost  the  same  result  through  a  simple  and  practical 
device  consisting  in  classifying  the  different  tariffs  of  the  American 
States  b}^  means  of  generic  specifications,  taking  as  a  basis  either  one 
of  the  tariffs  in  force  at  present  which  is  the  richest  in  specifications, 
or  by  means  of  condensing  in  a  special  tariff  the  different  schedules  of 
the  tariffs  of  all  the  countries,  making  use  of  generic  specifications  and 
stating  therein  the  numbers  or  fractions  of  the  different  tariffs  corre- 
sponding to  the  same  generic  entry.  In  that  way  the  shippers  and 
the  consignees,  as  well  as  the  buyers  and  sellers,  will  be  placed  under 
favorable  conditions  to  transact  their  commercial  operations  with  full 
appreciation  of  the  duties  collected  on  merchandise  and  the  way  to 
invoice  goods  to  the  country  to  which  they  are  consigned;  the  states- 
man will  thus  be  able  to  compare  with  advantage  the  custom  statistics, 
and  at  the  same  time  each  country  will  keep  without  any  alteration  its 
special  terminology"  and  classification  of  merchandise. 

To  illustrate  this  idea  a  form  is  inclosed  wherein  several  generic 
specifications  are  shown  in  four  languages — English,  French,  Spanish, 
and  Portuguese — and  also  the  fractions  corresponding  to  said  generic 
specifications  in  the  several  tariffs  of  the  American  Republics. 

The  United  States  shipper,  for  instance,  who  intends  to  send  shoes 
to  Mexico  will  find  under  the  denomination  of  ''footwear,"  mentioned 
in  the  column  belonging  to  Mexico,  the  fractions  80  to  101.  By  exam- 
ining the  Mexican  tariff  at  such  fractions  he  will  find  out  which  is  the 
one  that  applies  to  the  class  of  shoes  he  intends  to  ship;  but  very 
likely  he  is  not  able  to  understand  the  meaning  of  the  Spanish  words 
^'botas,"  "botines,"  "zapatos,"  etc.,  and  then  he  may  refer  to  the 
vocabulary  compiled  by  the  International  Bureau  of  the  American 
Republics,  which  gives  the  equivalent  in  English  of  the  aforesaid  terms. 
In  this  way  the  North  American  seller  will  know  how  to  make  the 
declaration  of  his  goods  and  the  amount  of  the  import  duties  to  be 
collected  in  Mexico. 

The  adoption  of  the  same  generic  classification  will  pave  the  way  for 
statistical  reports  b}^  comparing  the  date  for  the  different  countries, 
provided  the  metric  system  is  accepted. 

In  short,  to  decide  upon  the  proposition  of  making  a  nomenclature 
in  common  with  all  the  American  Republics,  it  is  advisable  to  con- 
dense their  tariffs  in  force  at  the  present  time;  to  classify  them  as  is 
shown  in  the  inclosed  form;  to  establish  generic  specifications  and  to 
adopt  the  metric  system,  at  least  in  making  statistical  reports,  in  case 
such  adoption  should  be  found  impossible  for  the  tariffs  of  all  the 
countries. 


76 


PIEST   CUSTOMS   CONGBESS   OF    AMKBIOAN  BEPUBLICS. 


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FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS. 


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78  FIKST    CUSTOMS    CONGRESS    OF    AMERICAJS^    REPUBLICS. 

APPENDIX  I. 

UNITED  STATES. 

STATEMENT  OF  ORDINARY  PROCEDURE  BY  CUSTOMS  OFFICERS  IN 
THE  TREATMENT  OF  MERCHANDISE  ARRIVING  AT  THE  PORT  OF 
NEW  YORK  FROM  FOREIGN  COUNTRIES. 

(By  Mr.  Couch.) 

Title  34  of  the  Revised  Statutes,  and  various  acts  of  Congress  of 
later  date,  including  the  immediate  transportation  act,  approved  flune 
10,  1880,  and  the  administrative  act,  approved  June  10,  1890,  as 
amended  respectively  by  subsequent  legislation,  contain  the  provisions 
applicable  to  the  various  treatment  of  imported  merchandise  on  its 
arrival  within  the  jurisdiction  of  the  United  States,  until  final  disposi- 
tion by  the  customs  authorities. 

The  customs  regulations  of  1899,  with  modifications  and  amendments 
made  from  time  to  time  in  Treasury  Decisions,  are  established  for  the 
information  and  guidance  of  officers  of  customs  in  all  custom  districts 
of  the  country  regarding  methods  of  ordinary  procedure. 

(a)  Merchandise  from  foreign  countries  may  arrive  at  this  port 
directly,  either  b\^  ship  from  sea  or  by  transportation  through  another 
port.  Direct  arrivals  are  regularly  entered,  either  for  consumption 
or  warehousing,  or  may  be  sent  forward  to  the  ultimate  port  under 
the  immediate  transportation  act  of  1880,  or  may  be  sent  through  the 
country  to  destination  in  an  adjoining  country.  In  cases  where  the 
import  entry  is  made  at  this  port,  all  the  proceedings  incident  to 
inspection,  appraisement,  classification,  and  assessment  of  duties  are 
made  here.  In  respect  to  goods  sent  forward  under  the  immediate 
transportation  act,  inspection  of  packages  sufficient  to  identify  the 
importation  is  made  here,  and"  goods  are  then  forwarded  under  com- 
mon carrier  bond  to  port  of  destination,  where  the  regular  entry  is  to 
be  made. 

Entries  for  immediate  transit  through  the  country  are  made  upon 
combination  entry  for  warehouse  transport  and  export,  transportation 
and  export  bond  taken  thereon,  goods  then  inspected  for  identification 
and  sent  forward  by  bonded  routes  to  place  of  exit. 

Merchandise  may  also  arrive  from  other  districts  in  bond  for  re  ware- 
housing or  for  export  after  entry  has  been  made  at  another  port  and 
duties  duly  assessed.  Such  goods  are  treated  under  the  general  bond- 
ing system  upon  the  basis  of  liquidation  previously  determined  at  the 
port  of  entry. 

In  respect  to  such  goods  arriving  in  transit  through  the  United  States 
where  the  transportation  and  export  bond  was  taken  in  another  dis- 
trict, this  office  acts  simply  as  the  agent  of  the  collector  of  such  dis- 
tricts in  supervising  and  reporting  the  actual  shipment  of  the  goods. 

The  following  table  gives  a  concise  view  or  plan  of  the  original 
treatment  of  merchandise  on  its  arrival  at  this  port: 

Arrival  of  goods: 

Direct,  either  by  sea  or  by  I.  T.  through  another  port. 

Warehouse  and  transportation  in  bond  from  another  district,  after  regular  import 
entry  has  been  made. 
Consumption  entry. 

1.  Duty  paid. 

2.  Free. 

3.  Conditionally  free. 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  79 

Arrival  of  goods— Continued. 

Warehouse  and  transportation  in  bond  from  another  district,  etc. — Continued. 
Warehouse  entry— 

1.  Consumption. 

2.  Transportation. 

3.  Export. 

4.  Transportation  and  export. 

5.  Free  for  special  purposes,  such  as  departmental  letter,  vessel's  sup- 

plies, vessel's  equipment,  etc. 

6.  Manufacturing  warehouses. 
Combination  on  warehouse  entry — 

1.  Warehouse  and  transportation. 

2.  Warehouse  and  export. 

3.  Transportation  and  export. 
Special  bond  entry — 

1.  Export. 

2.  Amendment  for  short  export. 
Immediate  transportation  for  another  port — 

1.  This  paper  antedates  regular  entry;  transfers  goods  through  a  bonded 
route  to  collector  at  port  of  destination,  where  regular  import  entry 
is  to  be  made. 
Rewarehouse  entry — 

1.  Consumption. 

2.  Transportation. 

3.  Export. 

4.  Transportation  and  export. 

5.  Free  for  special  purposes. 

6.  Manufacturing  warehouse. 
Combination  rewarehouse  entry — 

1.  Rewarehouse  and  transportation. 

2.  Rewarehouse  and  export. 

3.  Rewarehouse  transportation  and  export. 

4.  Rewarehouse  and  consumption  on  arrival. 

An  inspection  of  the  table  will  show  that  goods  may  arrive  in  two 
conditions — either  (a)  direct,  or  (h)  under  bond  other  than  common  car^ 
rier's  bond  after  import  entry  has  been  made  elsewhere.  Goods  arriv- 
ing direct  may  have  import  entry  made  for  ''consumption"  where 
immediate  delivery  to  tne  importer  is  intended.  Warehouse  entry, 
combination  warehouse  entry,  and  special  bond  entry  are  all  import 
entries,  and  are  made  without  payment  of  duty  under  either  a  ware- 
house or  special  entr}^  bond.  The  special  bond  entry  is  used  with  refer- 
ence to  goods  that  are  specially  described  and  provided  for  in  the  tariff 
schedules.  The  warehouse  entry  and  the  combination  warehouse  entry 
constitute  the  ordinary  mode  of  entering  bonded  goods,  the  combina- 
tion entry  being  used  where  the  further  disposition  of  the  goods  is  to 
take  place  at  once,  and  where  the  goods  are  treated  throughout  as  an 
entirety.  The  warehouse  entry  proper  covers  dutiable  goods  except 
explosives  and  perishable  articles,  and  goods  so  entered  may  be  with- 
drawn in  detail  in  not  less  than  entire  packages  under  any  form  of 
withdrawal  noted  in  the  schedule. 

The  I.  T.  or  immediate  transportation  entry,  without  appraisement, 
noted  in  the  schedule,  is  designed  to  forward  unclaimed  goods  to  the 
port  of  destination  and  furnish  the  collector  at  that  port  with  infor- 
mation necessary  to  make  the  regular  import  entry. 

Goods  arriving  from  or  through  another  collection  district  are 
covered  by  bond  of  the  transportation  company,  accompanied  by  a 
customs  manifest,  and  are  held  under  such  bond  until  duly  released 
by  action  of  the  collector. 

In  case  of  goods  arriving  direct  by  sea  from  foreign  countries,  the 
vessel  conveying  the  same  is  at  once  placed  in  charge  of  customs  offi- 
cers, who  allow  nothing  to  be  landed  therefrom  except  in  accordance 


80  FIK8T   CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

with  permits  or  orders  issued  by  the  collector.  At  the  same  time,  the 
master  of  the  vessel  is  required  to  make  entry  at  the  custom-house 
and  lodge  a  sworn  manifest  of  his  cargo.  After  the  discharge  of  the 
vessel  the  customs  officer  makes  return  of  his  action  upon  all  the  con- 
tents of  the  cargo,  and  his  returns  are  compared  with  the  sworn  mani- 
fest of  the  master,  discrepancies,  if  any,  explained  and  adjusted,  and 
when  found  to  agree  the  vessel  is  in  condition  to  be  cleared.  These 
goods  are  held  as  unclaimed,  and  unless  entries  are  made  by  the  con- 
signee thereof,  and  permits  or  orders  presented  to  the  officers  in  charge 
in  due  time,  they  are  taken  into  actual  possession  under  a  general 
order  of  the  collector  and  deposited  in  a  bonded  warehouse. 

(h)  The  importing  vessel  being  duly  entered,  and  the  manifest  of 
cargo  filed  with  the  collector,  the  entry  of  the  merchandise  by  the 
owners  or  consignees  thereof  is  in  order.  Merchandise  that  appears 
by  the  invoice  or  bill  of  lading  and  manifest  to  be  consigned  to  another 
port  may  be  forwarded  under  the  provisions  of  the  immediate  trans- 
portation act  (June  10,  1880)  within  ten  dsijs  from  date  of  landing,  or 
otherwise  the  import  entry  must  be  made  at  port  of  first  arrival. 
There  is  but  one  import  entry,  though  that  may  be  made  in  different 
forms,  according  to  the  intended  treatment  and  disposition  of  the 
merchandise,  as  indicated  in  the  schedule  of  entries  given  above. 

The  general  requirements  for  making  this  entry  are  found  in  sec- 
tions 2785  and  2689,  R.  S.,  and  sections  1  to  8,  inclusive,  of  the  admin- 
istrative act  (June  10,  1890).  The  essentials  of  such  entry  are:  An 
entry  in  writing  by  the  importer,  a  legal  invoice,  a  bill  of  lading,  and  an 
estimate  of  the  duties  on  the  entry  made  by  the  collector  and  naval  offi- 
cer, based  upon  the  invoices  and  vouchers  presented  by  the  importer. 
When  the  duties  thus  estimated  have  been  paid  or  a  bond  given  to  secure 
the  same,  as  the  case  may  require,  the  appropriate  permit  or  order 
•is  issued  by  the  collector  and  given  to  the  importer,  who  takes  the 
same  to  the  officer  in  charge  of  the  merchandise  for  such  disposition 
as  may  be  authorized  by  the  permit  or  order.  The  invoices  are  sent 
to  the  appraiser  to  make  official  examination  and  appraisement  of  the 
merchandise,  while  the  entries  are  sent  to  the  different  divisions  of  the 
collector's  office  to  take  their  place  in  the  accounts,  reaching  finally 
the  liquidating  division,  where  they  await  the  returns  from  the  sur- 
ve3^or  and  appraiser.  Orders  for  weighing,  gauging,  or  measuring 
are  made  on  permit,  to  be  executed  by  officers  appointed  for  that  duty, 
and  orders  for  examination  and  appraisement  are  made  upon  the 
invoice  and  noted  on  the  permit  and  collector's  copy  of  the  entry. 

(c)  Thus  far  the  action  of  the  collector  in  the  classification  of  mer- 
chandise and  assessment  of  duties  is  based  solely  upon. the  specifica- 
tions of  the  shipper  in  the  invoice,  the  statements  of  the  importer  in 
his  entry,  and  the  vouchers  presented  at  the  time  of  entr}^ — a  purely 
ex  parte  presentation.  The  orders  of  the  collector  on  the  invoice  and 
permits  are  for  the  purpose  of  obtaining  official  reports  that  shall 
either  confirm  the  presentation  of  the  importer  or  modify  the  same. 
The  appraiser  makes  a  descriptive  report,  with  an  advisory  duty  rate, 
upon  the  invoice  for  the  information  of  the  collector  in  his  classifica- 
tion; and  upon  goods  subject  to  an  ad  valorem  duty  or  to  a  duty  based 
in  any  manner  upon  value,  the  appraiser  is  required  to  appraise  the 
actual  market  value,  in  conformity  with  the  provisions  of  sections  10, 
11,  and  19  of  the  administrative  act.  From  the  said  decision  of  the 
appraiser  as  to  the  value  of  the  merchandise  appraised,  appeal  may  be 
taken  for  reappraisement  by  one  general  appraiser  under  section  13  of 


FTKST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  81 

the  same  act,  and  a  final  appeal  from  the  decision  of  the  reappraiser 
to  a  board  of  three  general  appraisers.  Should  no  appeals  be  taken, 
the  finding  of  value  by  the  appraiser  is  final  and  conclusive  against  all 
parties  in  interest.  Should  an  appeal  be  taken,  the  finding  of  the 
general  appraiser  supersedes  that  of  the  appraiser;  and  the  finding  of 
the  board,  if  further  appeal  is  taken,  is  absolutely  conclusive.  This 
question  of  market  value  must  be  determined  before  liquidation  can 
be  made  by  the  collector. 

The  official  reports  required  in  any  case  being  received,  the  collector 
proceeds  to  examine  and  compare  the  same  and  make  his  determina- 
tion with  reference  to  rates  and  amount  of  duties  chargeable  upon  the 
entry.  From  this  determination  of  the  collector  the  importer  may 
make  protest  within  ten  days  after  date  of  liquidation.  When  protest 
is  made,  the  collector  and  naval  officer  carefully  review  their  action, 
in  the  light  of  the  protest,  and,  if  need  be,  call  for  special  reports 
from  the  appraiser  or  other  officer  of  customs,  as  the  case  may 
require,  and  if  upon  this  review  he  is  satisfied  that  the  protest  is  valid 
he  orders  a  reliquidation,  in  view»of  the  additional  information.  Other- 
wise he  affirms  his  assessment  of  duty  and  forwards  all  papers  con- 
nected with  the  case  to  the  Board  of  three  General  Appraisers,  who 
review  his  action  in  the  premises  and  make  their  decision.  The  deci- 
sion of  this  board  may  be  appealed  for  review  to  a  judge  of  the  circuit 
court,  and  his  action  may  be  further  appealed  to  the  circuit  court  of 
appeals.  In  rare  instances  the  case  may  be  carried  to  the  supreme 
court.  If  no  appeal  is  taken  from  the  decision  of  the  board,  that  deci- 
sion is  returned  to  the  collector,  who  is  required  to  reliquidate  the 
entry  in  accordance  with  the  decision  of  the  board.  If  the  case  goes 
from  the  board  to  the  courts,  the  liquidation  as  made  by  the  collector 
stands,  and  any  decision  by  the  courts  adversely  to  such  liquidation 
is  adjusted  by  means  of  certified  statements  forwarded  to  the  Secretary 
of  the  Treasur}^  Decisions  made  by  the  Board  of  General  Appraisers 
and  accepted  by  the  Secretary  of  the  Treasur}^  and  final  decisions  of 
the  courts  promulgated  by  him,  constitute  rules  for  the  guidance  of 
customs  officers  in  future  importations  of  like  character  with  those 
appealed. 

(d)  Tbe  bond  and  warehouse  system  (chapter  7,  title  34,  Rev.  Stat.) 
is  designed  to  facilitate  the  handling  and  various  disposition  of  mer- 
chandise while  in  customs  custody.  Bonds  are  taken  from  the  owners 
or  lessees  of  warehouses  provided  for  the  storage  of  such  merchan- 
dise, also  from  the  proprietors  of  various  transportation  lines  for  the 
conveyance  of  such  goods  from  place  to  place;  thus  a  system  of  joint 
custody  is  established. 

When  the  import  entry  is  made  for  warehouse  and  the  duties  esti- 
mated thereon  the  warehouse  bond  is  given  in  lieu  of  the  payment  of 
duty,  the  goods  retained  in  custody,  and  ordered  to  a  bonded  ware- 
house. Such  goods  are  entitled  to  remain  in  bond  for  three  3^ears,  but 
may  be  withdrawn  at  any  time  prior  to  the  expiration  of  the  bonded 
period  upon  the  order  of  the  person  making  the  warehouse  entry. 

When  a  withdrawal  for  any  purpose  is  presented,  the  collector 
makes  a  statement  of  the  duty  thereon,  corresponding  with  the  duty 
found  to  be  chargeable  on  the  warehouse  entry,  against  the  goods  to 
be  withdrawn,  and  credits  the  same  on  the  warehouse  ledger.  If  such 
withdrawal  is  (1)  for  consumption,  the  duty  charged  must  be  paid 
before  permit  of  delivery  is  issued;  if  for  (2)  transportation,  (3)  export, 

S.  Doc.  180 6 


82  FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 

or  (4)  transportation  and  export,  an  appropriate  bond  must  be  taken; 
if  (5)  free  for  any  special  purpose,  the  withdrawal  is  subject  to  special 
treatment;  and  if  (6)  for  transfer  to  a  manufacturing  warehouse,  the 
transfer  is  in  charge  of  the  surveyor. 

When  the  requirements  on  the  various  withdrawals  have  been  com- 
plied with,  the  duties  estimated  thereon  are  credited  on  the  warehouse 
bond. 

A  combination, warehouse  entry  is  simply  a  warehouse  entry  joined 
with  some  form  of  withdrawal,  and  the  ffoods  on  such  entry  are  placed 
at  once  under  the  bond  appropriate  to  me  withdrawal. 

A  special  bond  entrj^  differs  from  the  warehouse  entry  in  the  period 
for  which  it  runs,  and  especially  in  the  fact  that  the  importer  is  made 
custodian  of  the  merchandise.  This  bond  is  satisfied  by  an  export 
bond  or  by  a  paj^ment  of  duty. 

"I.  T.,"  or  immediate  transportation  without  appraisement,  covers 
merchandise  that  is  unclaimed  and  can  be  sent  forward  only  by  routes 
that  have  been  specially  bonded  for  the  transportation  of  such  mer- 
chandise. 

Rewarehouse  and  combination  rewarehouse  are  simply  a  continua- 
tion of  an  import  entry  for  warehouse  made  at  another  port.  In  a 
word,  goods  entered  for  warehouse  are  held  under  some  form  of  bond 
until  finally  released  by  payment  of  duty  or  by  export. 

(c)  After  a  year  from  date  of  importation  merchandise  for  which  no 
entry  has  been  made  may  be  transferred  for  sale,  and  at  the  expira- 
tion of  three  years  all  merchandise  remaining  in  public  store  or 
bonded  warehouse  is  legally  abandoned  and  consequently  subject  for 
sale;  and  seized  goods,  after  condemnation,  are  required  to  be  sold. 

Summary  provisions  are  made  in  the  statutes  for  the  sale  by  col- 
lectors of  perishable  goods  which  are  not  entered  promptly  after  arrival. 

if)  Concurrent  records  are  made  of  all  ofiicial  transactions  relating 
to  any  importation  of  merchandise  from  the  day  of  its  arrival,  and 
are  duly  posted  in  the  customs,  general  bond,  and  other  accounts  that 
are  verified  and  sent  monthly  to  the  Secretary  of  the  Treasury  at 
Washington. 

(g)  Merchandise  on  which  the  duties  have  been  paid  may  be  exported 
with  benefit  of  drawback  any  time  within  three  years  from  date  of 
importation,  provided  it  has  not  been  withdrawn  from  Government 
custody,  and  also  after  removal  from  custody  at  any  time  when  it  is 
shown  to  have  been  used  as  material  in  some  domestic  manufacture. 

In  conclusion,  it  should  be  noted  that  in  all  transactions  indicated 
herein  the  initiative  is  taken  by  the  collector.  The  surveyor  and  the 
appraiser  are  auxiliary,  and  execute  their  functions  respectively  when 
directed  by  the  collector.  The  naval  officer  is  independent  of  the  col- 
lector, though  joined  with  him  in  certain  important  functions.  It  is 
his  duty — 

(1)  To  receive  copies  of  all  manifests  and  entries. 

(2)  To  estimate,  together  with  the  collector,  the  duties  on  all  mer- 
chandise subject  to  duty,  and  no  duties  shall  be  received  with  such 
estimates. 

(3)  To  keep  a  separate  record  of  such  estimates. 

(4)  To  countersign  all  permits,  certificates,  debentures,  and  other 
documents  to  be  granted  by  the  collector. 

(5)  To  examine  the  collector's  abstracts  of  duties  and  other  accounts 
of  receipts,  bonds,  and  expenditures,  and  certify  to  the  same  if  found 
correct. 


FIEST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS.  83 

APPENDIX  J. 

UNITED   STATES. 

ADVANTAGE  AND  DISADVANTAGE  OF  GROSS  AND  NET  TONNAGE, 
KESPECTIVELY,  AS  BASIS  OF  CHARGES  ON  SHIPPING. 

The  gross  tonnage  of  a  vessel  is  its  entire  internal  capacity  or  cubical 
contents,  measured  in  tons  of  100  cubic  feet  or  in  cubic  meters.  It 
includes  the  space  below  the  tonnage  deck,  spaces  between  decks,  and 
spaces  above  the  upper  deck  inclosed  and  protected  from  the  weather. 

The  net  tonnage  is  the  remainder  after  from  the  gross  tonnage  have 
been  subtracted  the  spaces  set  apart  for  the  crew,  for  motive  power 
(including  engines,  boilers,  and  coal  bunkers),  and  for  auxiliary  navi- 
gation apparatus,  such  as  the  capstan,  anchor  gear,  space  for  charts, 
signals,  and  boatswain's  stores.  The  net  tonnage,  in  brief,  is  the  space 
available  for  carr^dng  cargo  and  passengers. 

The  result  and  one  of  the  principal  purposes  of  establishing  net  ton- 
nage is  to  divide  the  cubical  capacity  of  a  vessel  into  two  parts: 

First.  Spaces  available  for  cargo  and  passengers  from  which,  in 
freights  and  fares,  the  vessel  derives  its  revenue. 

Second.  Spaces  required  for  the  crew  and  propelling  power,  from 
which  the  vessel  derives  no  revenue.  These  spaces  also  furnish  a 
standard,  to  an  extent,  by  which  to  measure  some  of  the  expenses  of 
the  vessel.  Thus,  the  larger  the  crew  space  the  more  numerous  the 
crew  and  the  greater  the  monthly  pay  roll;  the  larger  the  engines  the 
greater  the  coal  consumption  and  the  heavier  the  coal  bill. 

Tonnage  (gross  or  net),  under  the  Moorsom  system,  is  a  fixed  quan- 
tity in  the  case  of  each  vessel.  It  thus  has  two  important  advantages 
as  the  basis  of  navigation  charges : 

1.  Stahility. — The  amount  of  cargo  or  the  number  of  passengers 
will  vary  on  each  voyage  of  a  given  vessel,  and  will  vary  from  port 
to  port  on  the  same  voyage  of  a  vessel.  If  these  were  to  be  made  the 
basis  of  charges  on  the  ship,  as  such,  the  amount  of  charges  would 
have  to  be  separately  determined  at  each  port  on  each  voyage  of  each 
vessel.  This  process  would  not  only  involve  delay  and  increase  the 
amount  of  Government  work  and  expense  involved  in  collecting  rev- 
enues from  shipping;  it  w^ould  also  furnish  a  frequent  cause  for 
disputes  between  shipowners  and  Government  officers. 

2.  Simplicity.  — The  tonnage  of  the  vessel  (gross  and  net)  is  expressed 
in  its  national  register.  Reference  to  that  document  discloses  at  once 
the  amount  of  space  available  for  cargo  or  passengers  and  of  spaces 
set  apart  for  navigation  purposes. 

The  advantages  of  tonnage  as  the  basis  for  charges  on  shipping  are 
so  obvious  that  they  have  been  recognized  generally  by  nations  in 
their  laws  and  regulations.  Pilotage  charges  are  the  exception.  The 
special  duty  of  the  pilot  is  to  keep  the  vessel  from  touching  the  bot- 
tom on  entering  and  leaving  a  harbor.  The  amount  of  water  which  a 
vessel  draws  is  thus  a  measure  of  the  pilot's  responsibility,  and  it  is 
customary  to  grade  pilotage  charges  in  proportion  to  draft. 

Should  gross  or  net  tonnage  be  the  basis  of  charges  on  shipping? 
Recalling  preliminary  definitions,  the  question  may  be  put  in  another 
manner:  Should  charges  be  imposed  on  those  spaces  of  the  vessel 
appropriated  to  the  use  of  the  crew,  to  engines,  boilers,  and  coal 
bunkers  ? 


84 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS. 


These  spaces,  as  stated,  add  nothing  to  the  income  of  the  vessel. 
The  tendency  of  owners,  therefore,  is  to  make  them  as  small  as  possible 
so  that  more  space  may  be  available  for  cargo  and  passengers.  This 
tendency  is  so  marked  that  it  has  been  necessary  for  some  governments 
to  restrain  it  by  law.  Thus,  to  prevent  overcrowding  of  the  crew  in 
restricted  quarters,  the  United  States  and  Great  Britain  have  passed 
laws  requiring  that  at  least  72  cubic  feet  (16  square  feet  on  the  deck) 
shall  be  set  apart  for  the  accommodation  of  each  member  of  the  crew. 
The  imposition  of  a  tax  based  on  these  spaces  would  give  shipowners 
an  additional  incentive  to  restrict  these  spaces  as  much  as  possible. 
The  spirit  of  the  century  is  to  improve  the  condition  of  labor  at  sea  as 
well  as  ashore.  A  proposition,  accordingly,  which  would  tend  to  restrict 
the  quarters  of  the  crew,  and,  in  consequence,  to  promote  overcrowd- 
ing and  less  healthful  conditions,  should  not  be  favored  by  this  con- 
gress unless  it  offers  compensating  advantages.  In  the  same  manner 
the  tendency  of  a  tax  on  spaces  for  propelling  power  would  be  to  crowd 
machinery  at  the  greater  risk  of  life  and  limb  to  those  employed  in  its 
manipulation.  Such  a  tax  would  tend  to  discourage  the  use  of  the 
high-powered  machinery,  involving  large  coal  consumption,  necessary 
to  the  propulsion  of  fast  ocean  steamers.  Yet  quicker  ocean  trans- 
portation of  mails,  passengers,  and  cargo  is  among  the  conceded  needs 
of  the  American  Republics,  especially  of  trade  between  the  United 
States  and  the  Republics  of  South  America. 

The  principal  objection  to  net  tonnage  as  the  basis  of  charges  on 
shipping  is  that  the  laws  of  nations  are  not  entirely  uniform  in  desig- 
nating the  spaces  to  be  deducted  from  gross  tonnage.  This  objection, 
however,  has  less  force  now  than  formerly.  Since  1895  the  laws  of 
the  United  States,  Great  Britain,  and  Germany  on  this  subject  have 
been  made  uniform.  The  deductions  under  the  French  law  are  some- 
what greater,  including  smoking  rooms,  social  halls,  and  staircases  on 
steamers.  The  certificate  of  measurement  which  accompanies  the  regis- 
ter usually  states  the  deductions  allowed  in  detail.  From  this  certifi- 
cate the  customs  officer  can  select  those  items  which  are  taxable  under 
the  laws  of  his  country  and  add  them  to  net  tonnage,  if  net  tonnage 
be  accepted  as  the  basis  of  charges  on  shipping. 

The  tonnage  of  the  seagoing  merchant  shipping  under  the  flags  of 
the  respective  American  Republics,  is  stated  in  the  Repertoire  Gene- 
rale  of  the  Bureau  Veritas  for  1902-3.  The  gross  and  net  tonnage  of 
steamers,  the  percentage  of  net  to  gross,  and  the  percentage  of  gross 
deducted  for  crew  spaces,  propelling  power,  etc.,  are  as  follows: 


United  States 

other  American  Republics 

Total 

World  (Lloyd's) 


Gross. 


1,497,253 
350, 631 


1,847,884 
25,859,987 


Net.- 


1,018,589 
224, 283 


1,242,872 
16,026,373 


Percent- 
age of 
to 
net. 


Percent- 
age de- 
ducted. 


The  Repertoire  Generale  gives  only  the  net  tonnage  of  sail  vessels. 
As  such  vessels  are  generally  without  machinery  or  coal  bunkers,  the 
only  deductions  are  for  crew  spaces.  These  in  most  sail  vessels  con- 
stitute from  5  to  8  per  cent  of  the  total  tonnage  of  the  vessel. 

For  the  reasons  assigned—  and  doubtless  for  other  reasons  also — mar- 
itime nations,  including  the  United  States,  Great  Britain,  and  Germany, 


FIRST    CUSTOMS    C0NGBE8S    OF    AMERICAN    REPUBLICS.  B5 

have  generally  adopted  net  tonnage  instead  of  gross  tonnage  as  the 
basis  of  charges  on  shipping. 

Net  tonnage  is  the  basis  of  charges  on  shipping  adopted  by  nations 
owning  over  75  per  cent  of  the  world's  merchant  shipping.  While 
this  cono^ress  is  required  to  consider  uniformity  in  the  basis  of  charges 
on  shipping  in  ports  of  the  American  Republics,  in  agreeing  upon 
that  basis  it  may  with  propriety  consider  the  basis  adopted  by  other 
nations  with  which  the  American  Republics  conduct  a  large  commerce. 


APPENDIX  K. 
UNITED  STATES. 

Report  on  Vessels. 

[Prepared  by  Mr.  T.  B.  Sanders,  Deputy  Commissioner  of  Navigation,  and  submitted  by  Mr.  Eugene 
T.  Chamberlain,  Commissioner  of  Navigation.] 

{h)  Requirements  incident  to  the  entry  of  a  vessel  from  a  foreign 
port  and  to  the  clearance  of  a  vessel  for  a  foreign  port. 

After  the  delivery  of  manifests  to  the  collector  of  customs,  entry  of 
the  vessel  must  be  made  at  the  custom-house.  Such  entry  is  required 
in  nearly  all  countries  and  colonies  having  seaports.  The  purpose  of 
the  entry  is  to  bring  the  vessel  and  crew  within  the  control  of  the  cus- 
toms officers  and  to  obtain  data  for  the  preparation  of  statistics  show- 
ing entries  of  vessels,  the  ports  and  countries  whence  they  came, 
cargoes  brought,  etc.  In  the  United  States  the  regulations  provide 
that  within  twenty -four  hours  after  the  arrival  of  any  vessel  from  a 
foreign  port  or  place  at  any  port  of  the  United  States,  or  as  soon 
thereafter  as  the  hours  of  business  at  the  custom-house  will  permit, 
the  master  of  the  vessel  shall  report  her  arrival  to  the  collector,  and 
within  forty-eight  hours  after  arrival,  exclusive  of  Sundays  and  holi- 
days, shall  make  entry  by  filing  his  manifest  under  oath  at  the  custom- 
house in  the  prescribed  form.  Vessels  may  depart,  at  the  option  of 
the  master,  after  report  and  before  expiration  of  fort^^-eight  hours. 
The  privilege  is  restricted  to  that  time  to  preclude  opportunity  for 
the  perpetration  of  fraud  on  the  revenue. 

No  vessel  is  admitted  to  entry  until  the  master,  owner,  or  agent  has 
produced  a  certificate  from  the  health  officer  or  quarantine  officer  at 
the  port  of  entry  that  no  person  affected  with  leprosy  was  on  board 
when  she  was  admitted  to  free  pratique. 

The  oath  made  by  the  master  is  as  follows: 

[Art.  102,  Customs  Regulations  of  1399.] 

Cat.  No.  471. 

Nationality Crew 

master's  oath  on  entering  foreign  vessel. 

I, ,  do  solemnly,  sincerely,  and  truly  swear  that  the  report 

and  manifest  subscribed  in  my  name,  and  now  delivered  by  me  to  the  collector  of 

the  port  of '. ,  contains,  to  the  best  of  my  knowledge  and  belief, 

a  just  and  true  account  of  all  the  goods,  wares,  and  merchandise,  including  packages 

of  every  kind  and  nature  whatsoever,  which  were  on  board  the 

at  the  time  of  her  sailing  from  the  port  of ,  or  which  have  been 

laden  or  taken  on  board  at  any  time  since,  and  that  the  packages  of  the  said  goods 
are  as  particularly  described  as  in  the  bills  of  lading,  signed  for  the  same  by  me  or 
with  my  knowledge;  that  I  am  at  present,  and  have  been  during  the  voyage,  master 
of  the  said  vessel;  that  no  package  whatsoever,  or  any  goods,  wares,  or  merchandise 


86  FIB8T   CUSTOMS   CONGRESS   OF   AMERICAN   REPUBLICS. 

have  been  unladen,  landed,  taken  out,  or  in  any  manner  whatever  removed  from  on 

board  the  said since  her  departure  from  the  said  port  of 

,  except  such  as  are  now  particularly  specified  and  declared  in 

the  abstract  or  account  herewith,  and  that  the  clearance  and  other  papers  now 
delivered  by  me  to  the  collector  are  all  that  I  now  have  or  have  had,  that  anyway 
relate  to  the  cargo  of  the  said  vessel.  And  I  do  further  swear  that  the  several  arti- 
cles specified  in  the  said  manifest  as  sea  stores  for  the  cabin  and  vessel  are  truly  such, 

and  were  bona  fide  put  on  board  the  said for  the  use  of  the 

officers,  crew,  and  passengers  thereof,  and  have  none  of  them  brought,  and  are  not 
intended  by  way  of  merchandise,  or  for  sale,  or  for  any  other  purpose  than  above 
mentioned,  and  are  intended  to  remain  on  board  for  the  consumption  of  the  said 
officers  and  crew.  And  I  further  swear  that  if  I  shall  hereafter  discover  or  know  of 
any  other  or  greater  quantity  of  goods,  wares,  and  merchandise,  of  any  nature  or 
kind  whatsoever,  than  are  contained  in  the  report  and  manifest  subscribed  and  now 
delivered  by  me,  I  will  immediately  and  without  delay,  make  due  report  thereof  to 

the  collector  of  the  port  of And  I  do  likewise  swear  that  all 

matters  whatsoever  in  the  said  report  and  manifest  expressed  are,  to  the  best  of  my 
knowledge  and  belief,  just  and  true. 

I  further  swear  that  no  officer  of  the  customs  has  applied  for  an  inspection  of  the 
manifest  of  the  cargo  on  board  the  said  vessel,  and  that  no  certificate  or  indorsement 
has  been  delivered  to  me  on  any  manifest  of  such  cargo. 

I  do  further,  as  required  by  law,  solemnly  swear  that  I  have,  to  the  best  of  my 
knowledge  and  belief,  delivered,  or  caused  to  be  delivered,  into  the  post-office  at  or 
nearest  this  port,  every  letter  and  every  bag,  parcel,  or  package  of  letters  that  were 
on  board  the  said  vessel  during  her  last  voyage,  and  that  I  have  so  delivered,  or 
caused  to  be  delivered,  all  such  letters,  bags,  parcels,  and  packages  as  were  in  my 
possession  or  under  my  power  or  control. 

I  further  swear  that  said  vessel  sailed  from  the  said  port  of on 

the day  of ,19..,  and  arrived  at  the  port  of , 

district  of ,  on  the day  of ,  190... 

And  I  further  swear  that  before  entering  or  filing  manifest  of  said  vessel  at  the 
custom-house  1  mailed  to  the  Auditor  for  the  Treasury  Department,  Washington, 
D.  C,  a  true  copy  of  this  manifest. 

,  Master. 

Sworn  before  me  this day  of ,  190... 


Collector  (or  Deputy  Collector). 
Port  of ,  District  of 

In  the  case  of  vessels  of  the  United  States  a  further  oath  is  taken 
that  all  mails  placed  on  board  the  said  vessel  at  or  before  her  last 
clearance  from  a  port  in  the  United  States  to  a  foreign  port  have  been 
in  good  faith  delivered  at  such  foreign  port  in  accordance  with  the 
requirements  of  law;  that  the  register  of  the  vessel  presented  con- 
tains the  names  of  all  the  persons  who  are  owners  thereof,  and  that  no 
foreign  subject  or  citizen  has  an}^  share  in  her.  In  addition  the  master 
must  state,  under  oath,  that  he  has  delivered  at  the  proper  foreign 
port  all  mails  placed  on  board  his  vessel  before  her  last  clearance  from 
the  United  States,  and  must  specify  the  date  his  vessel  sailed  from  the 
port  of  departure.  The  statement  so  made  must  be  noted  at  once  on 
the  record  of  the  entry  of  the  vessel  at  the  custom-house,  and  a  copy 
or  abstract  exhibiting  the  name  of  the  vessel,  the  master,  where  he  is 
from,  and  the  date  of  actual  sailing  from  the  foreign  port  must  be 
furnished  by  the  collector  to  the  appraisers  on  the  day  next  succeed- 
ing that  on  which  the  vessel  was  entered.  If  the  vessel  has  on  board 
distilled  spirits  or  wines,  the  master  is  also  required,  within  forty- 
eight  hours  after  his  arrival,  whether  at  the  first  port  of  arrival  or  not, 
to  report  in  writing  to  the  surveyor  the  Jforeign  port  or  place  from 
which  he  last  sailed;  the  name,  burden,  denomination  of  the  vessel; 
his  own  name;  to  what  nation  the  vessel  belongs;  the  quantity  and 
kind  of  spirits  and  wines  on  board,  and  the  number  of  packages  con- 
taining the  same,  with  their  marks  and  numbers;  and  the  quantity  and 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN    REPUBLICS  87 

kinds  of  spirits  and  vvines  on  board  as  sea  stores,  under  penalty  of  a 
fine  of  $500  and  the  forfeiture  of  the  merchandise  so  omitted.  A  list 
of  sea  stores  must  be  presented  with  the  manifest.  Surplus  sea  stores 
can  not  be  transferred  to  another  vessel,  except  that  after  having  been 
withdrawn  from  bond  they  may  be  transferred  from  a  vessel  of  the 
United  States  no  longer  employed  to  a  vessel  of  the  United  States  of 
the  same  line  in  active  service  in  the  foreign  trade.  In  such  cases  the 
transfer  may  be  allowed,  under  the  supervision  of  a  customs  officer. 
Surplus  stores  must  be  entered  for  immediate  consumption,  and  not 
for  warehouse,  and  are  dutiable  as  imported  merchandise.  The  deci- 
sion of  the  collector  and  naval  officer  (if  any)  is  final  in  regard  to  the 
proper  allowance  for  amount  of  sea  stores,  except  as  mentioned  in  the 
next  paragraph. 

Sea  stores  and  the  legitimate  equipment  of  vessels  belonging  to 
regular  lines  plying  between  foreign  ports  and  the  United  States 
delayed  in  port  for  any  cause  may  be  transferred  under  the  super- 
vision of  the  customs  officers  from  one  vessel  to  another  vessel  of  the 
same  owner  without  payment  of  duties,  but  duties  must  be  paid  on 
any  of  the  stores  or  equipments  landed  for  consumption,  if  not  Ameri- 
can products. 

Before  an  entry  is  made  of  a  vessel  of  the  United  States,  the 
register,  clearance,  and  other  papers  granted  by  the  officers  of  the 
customs  to  the  vessel  at  her  last  port  of  departure,  must  be  produced 
to  the  collector,  and  the  register  must  be  retained  by  him  until  clear- 
ance is  granted.  The  master  of  every  foreign  vessel  is  required,  at 
the  time  of  entry,  to  produce  to  the  collector  the  register  or  other 
document  in  lieu  thereof,  together  with  the  clearance  and  other  papers 
granted  by  the  officers  of  the  customs  to  his  vessel  at  the  port  of 
departure  for  the  United  States,  and  within  forty-eight  hours  after 
entry  to  deposit  the'same  with  the  consul  or  vice-consul  of  the  nation 
to  which  the  ship  belongs,  and  to  deliver  to  the  collector  the  certifi- 
cate of  that  officer  that  the  papers  have  been  so  deposited.  This  regu- 
lation does  not  apply  to  vessels  of  foreign  nations  in  whose  ports 
consuls  of  the  United  States  are  not  permitted  to  have  the  custody  of 
the  papers  of  vessels  of  the  United  States.  The  papers  thus  lodged 
with  the  consul  must  not  be  returned  to  the  master  of  the  vessel  until 
the  production  by  him  to  the  consul  of  a  clearance  from  the  collector 
of  the  port  where  the  vessel  has  been  entered. 

Entry  can  not  be  made  or  bulk  broken  until  all  letters  on  board  the 
vessel  shall  be  delivered  at  the  nearest  post-office,  under  a  penalty  not 
exceeding  $100. 

A  vessel  of  war  or  vessels  employed  by  an}"  foreign  government 
need  not  report  or  enter  on  arrival  in  the  United  States  unless  engaged 
in  the  transportation  of  merchandise  in  the  way  of  trade. 

If  a  vessel,  arriving  from  a  foreign  port  within  the  limits  of  a  col- 
lection district,  departs  or  attempts  to  depart,  unless  to  proceed  to  a 
more  interior  district  to  which  she  may  be  bound,  before  report  or 
entry  shall  have  been  made,  the  master  becomes  liable  to  a  penalty. 

Vessels  may  proceed  with  any  merchandise  brought  by  them  into 
the  United  States  which  may  appear  in  the  manifest  to  be  destined  for 
any  foreign  port,  on  bond  being  given  to  the  collector  in  a  sum  equal 
to  the  amount  of  the  duties  upon  the  merchandise,  if  the  same  be  lia- 
ble to  duty,  conditioned  that  the  merchandise  shall  not  be  landed  within 
the  United  States  unless  entrv  thereof  shall  be  first  made  and  the 


6&  FIBST   CUSTOMS   CONGRESS    OF    AMERICAN   REPUBLICS. 

duties  thereon  paid  or  secured.  Permit  to  retain  free  goods  on  board 
may  issue  without  bond. 

If  a  vessel  from  a  foreign  port  is  compelled  by  stress  of  weather  or 
other  necessity  to  put  into  any  other  port  than  that  of  her  destination 
the  master,  together  with  the  person  next  in  command,  within  twenty- 
four  hours  after  arrival,  may  make  protest  in  the  usual  form,  upon  oath 
before  a  duly  authorized  person,  setting  forth  the  causes  or  circum- 
stances of  such  necessity.  This  protest,  if  not  made  before  the  col- 
lector, must  be  produced  to  him  and  the  naval  officer,  and  a  copy  thereof 
lodged  >vith  them.  The  master  of  such  vessel  must  make  report  to  the 
collector  within  fort3^-eight  hours  after  arrival,  and  if  it  appears  to 
the  collector  by  the  certificate  of  the  port  wardens,  or  if  there  are  no 
such  officers,  by  the  certificate  of  two  reputable  merchants,  to  be  named 
by  the  collector,  that  it  is  necessary  to  unlade  the  vessel,  the  collector 
and  naval  officer  grants  a  permit  and  details  an  inspector  to  supervise 
the  unlading.  The  merchandise  so  unladen  must  be  stored  under  cus- 
tody of  the  collector.  At  the  request  of  the  master  of  the  vessel,  or 
of  the  owner,  the  collector  and  the  naval  officer  grants  permission  to 
enter  and  pay  the  duties  on  and  dispose  of  such  part  of  the  cargo  as 
ma}^  be  of  a  perishable  nature,  or  as  may  be  necessary  to  defray  the 
expenses  attending  the  vessel.  And  if  the  delivery  of  the  cargo  do 
not  agree  with  the  master's  report,  and  the  difference  be  not  satisfac- 
torily explained,  the  master  becomes  subject  to  the  penalties  provided 
in  the  case  of  ordinary  importations.  The  cargo  or  the  residue  thereof 
may  be  reladen  on  board  the  vessel,  under  the  inspection  of  an  officer, 
and  the  vessel  may  proceed  with  the  same  to  her  destination,  subject 
only  to  the  charge  for  storing  and  safe-keeping  of  the  merchandise  and 
the  fees  for  entrance  and  clearance. 

If  a  vessel  is  prevented  by  ice  from  reaching  hej  port  of  destination, 
the  collector  of  the  district  where  such  vessel  arrives  may  receive 
the  master's  report  and  entry,  and,  with  the  consent  of  the  naval 
officer,  may  grant  permit  for  the  delivery  of  the  cargo  at  such  place 
in  his  district  as  he  may  deem  proper;  but  all  regulations,  restrictions, 
penalties,  and  provisions  are  as  applicable  to  the  case  as  if  the  unlad- 
mg  and  delivery  took  place  at  the  port  of  destination.  In  case  a  vessel 
is  prevented  from  reaching  her  destination  by  shallow  water  or  other 
obstructions,  or  by  reason  of  marine  casualty,  application  should  be 
made  through  the  collector  to  the  Secretary  of  the  Treasury  for  per- 
mission to  discharge  the  cargo  at  a  convenient  port,  to  be  forwarded 
to  its  port  of  destination.  On  receipt  of  such  permission  the  cargo 
may  be  forwarded,  accompanied  with  manifests  showing- the  part  of 
the  cargo  so  conveyed  by  other  means  of  transport,  duly  certified  by 
the  officer  who  superintended  its  transshipment.  If-  a  vessel  is 
wrecked  in  the  waters  of  the  United  States,  application  may  be  made 
to  the  Secretary  of  the  Treasury  by  the  original  owners  or  consignees 
of  the  cargo,  or  by  the  underwriters,  in  cases  of  abandonment  to  them, 
for  permission  to  forward  the  goods  saved  from  the  wreck  to  the  ports 
of  destination  in  other  conveyances,  without  entry  at  the  custom-house 
in  the  district  in  which  the  merchandise  was  cast  ashore  or  unladen. 
On  receipt  of  such  permission  the  merchandise  may  be  so  forwarded, 
with  particular  manifests  thereof,  duly  certified  by  the  customs  officer 
in  charge  of  the  goods.  No  cargo  can  legally  be  unladen  or  trans- 
ferred to  another  vessel  before  the  arrival  of  the  vessel  at  her  desti- 
nation. 


FIRST    CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  89 


CLEARANCES. 

In  nearly  all  civilized  countries  having  seaports,  vessels  are  required 
under  certain  circumstances  to  clear  before  departing  for  a  foreign 
port.  In  most  cases  clearance,  or  its  equivalent,  is  granted  if  entry 
was  required,  and  also  if  the  vessel  lades  with  cargo  or  passengers  to 
be  taken  to  a  foreign  port.  In  the  United  States  the  clearance  is  as 
follows: 

[See.  4201,  Rev.  Stats.     Art.  135,  Customs  Regs.,  1899.     Cat.  No.  481.] 

The  United  States  of  America. 

clearance  of  vessels  to  a  foreign  port. 

District  of 

Portof 

These  are  to  certify  all  whom  it  doth  concern: 

That   ,  master  or  comraander  of  the  , 

burden tons,  or  thereabouts,  mounted  with  guns,  navigated 

with men, built,  and  bound  for ,  having 

on  board ,  hath  here  entered  and  cleared  his  said  vessel  accord- 
ing to  law. 

Given  under  our  hands  and  seals,  at  the  custom-house  of  , 

this day  of ,  one  thousand  nine  hundred , 

and  in  the year  of  the  Independence  of  the  United  States  of  America. 


,  .  Deputy  Collector. 

Deputy  Naval  Officer. 

On  clearance  it  must  be  shown  by  the  discharging  officer's  return 
that  all  the  cargo  imported  in  the  vessel  has  been  discharged  and 
accounted  for,  and  the  master  must  tile  with  the  collector  an  outward 
manifest  in  the  prescribed  form  under  oath  of  all  the  cargo  laden  on 
board,  which  must  agree  with  the  manifests  filed  by  the  several  ship- 
pers. The  master  and  the  owners,  the  shippers,  or  consignors  of 
the  cargo  must  deliver  to  the  collector  manifests  in  addition  of  the 
portions  shipped  by  them,  respectively,  and  verify  the  same  on  oath 
before  the  collector.  The  manifests  must  specify  the  kinds,  quanti- 
ties, value,  and  destination  of  the  merchandise.  Supplementary  mani- 
fests for  statistical  purposes  may  be  filed  under  oath  of  owner  or  agent 
of  vessel  within  four  business  days  after  the  clearance  of  the  vessel, 
but  such  filing  will  not  afi'ect  any  fine  incurred  by  failure  to  observe 
the  law.  A  list  under  oath  of  the  names,  places  of  birth  and  resi- 
dence, and  a  description  of  the  persons  who  compose  the  crew  is  filed 
by  the  master,  and  the  collector  delivers  to  him  a  certified  copy  of 
such  list  without  erasure  or  interlineation.  The  master  is  required  to 
exhibit  the  certified  copy  of  the  list  of  the  crew  to  the  first  boarding 
officer  at  the  first  port  in  the  United  States  at  which  he  shall  arrive 
on  his  return,  and  also  produce  the  persons  named  therein  to  the 
boarding  officer,  who  compares  the  men  with  such  list  and  reports  to 
the  collector.  It  is  the  duty  of  the  collector  at  the  port  of  arrival, 
where  the  same  is  diflferent  from  the  port  from  which  the  vessel 
originally  sailed,  to  transmit  a  copy  of  the  list  so  reported  to  him  to 
the  collector  of  the  port  from  which  the  vessel  originally  departed. 
No  penalty  is  incurred  on  account  of  the  master's  not  producing  to  the 


90  FIEST    CUSTOMS    CONGRESS    OF   AMERICAN   REPUBLICS. 

first  boarding  officer  any  of  the  persons  contained  in  the  list  who  ma}^ 
have  been  discharged  in  a  foreign  country  with  the  consent  of  the 
consul,  vice-consul,  commercial  agent,  or  vice-commercial  agent  there 
residing,  certified  in  writing  under  his  hand  and  official  seal,  to  be 
produced  to  the  collector  with  the  other  persons  composing  the  crew, 
nor  on  account  of  any  such  person  dying  or  absconding  or  being 
forcibly  impressed  into  other  service,  of  which  satisfactory  proof  is 
also  to  be  exhibited  to  the  collector.  In  the  case  of  a  vessel  bound  to 
a  foreign  port,  or  of  an}^  vessel  of  the  burden  of  75  tons  or  upward 
bound  from  a  port  on  the  Atlantic  to  a  port  on  the  Pacific,  or  vice 
versa,  the  master,  before  a  clearance  can  be  granted,  must  obtain  the 
certificate  of  a  collector  to  a  duplicate  of  the  shipping  articles.  But 
this  is  not  required  of  a  vessel  where  the  seamen  are  by  agreement 
entitled  to  share  in  the  profits  of  a  voyage,  or  of  the  master  of  a  coast- 
wise or  lakegoing  vessel  that  touches  at  foreign  ports  or  is  engaged 
in  trade  between  the  United  States  and  British  North  America  or  the 
West  Indies  or  Mexico.  Masters  of  such  vessels,  although  not 
required  to  enter  into  agreements  with  their  seamen  before  a  shipping 
commissioner  unless  they  so  desire,  must,  however,  before  clearance, 
obtain  from  the  collector  a  certified  copy  of  the  shipping  articles  con- 
taining the  names  of  the  crew,  to  be  written  in  a  uniform  hand  with- 
out erasures  or  interlineations.  Bills  of  health  and  a  certified  copy  of 
the  outward  manifest  when  required  by  the  master  of  a  vessel  bound 
on  a  foreign  voyage  are  furnished  by  the  collector. 

If  a  vessel  has  on  board  goods  liable  to  inspection  under  the  State 
laws,  the  master  must  produce,  before  a  clearance  is  granted,  if  so  pro- 
vided by  such  laws,  the  certificate  of  inspection  and  the  receipts  for 
the  payment  of  legal  fees. 

A  vessel  of  the  United  States  bound  from  a  port  in  the  United  States 
to  a  foreign  port,  or  vice  versa,  is  required,  before  clearance,  to  receive 
on  board  all  coin,  bullion,  United  States  notes,  bonds,  and  other  securi- 
ties which  any  official  representative  of  the  Government  of  the  United 
States  at  home  or  abroad  shall  offer,  and  promptly  deliver  the  same 
to  the  proper  officer  or  consignee  on  arriv^al  at  the  port  of  destina- 
tion, for  which  service  a  reasonable  compensation  is  paid.  The 
master  makes  oath  that  he  will  not  receive  nor  convey  any  letters  or 
other  packets  which  have  not  been  regularly  posted  and  received  from 
the  post-office  at  the  port  of  departure,  except  letters  or  letter  packets 
relating  to  the  cargo  and  addressed  to  the  owner  or  consignee  of  the  ves- 
sel, and  letters  or  letter  packets  inclosed  in  United  States  stamped  envel- 
opes of  sufficient  denomination  to  cover  the  postage.  It  is  the  duty  of 
the  collector  or  other  officer  to  require  from  the  master,  as  a  condition 
of  clearance,  an  oath  or  affirmation  that  he  has  not  under  his  care  or 
within  his  control,  and  will  not  receive  or  conve}",  any  letters  or  letter 
packets  in  violation  of  this  provision.  To  insure  enforcement  of  the 
neutrality  laws  collectors  are  required  to  detain  any  vessel  manifestly 
built  for  warlike  purposes  and  about  to  depart  from  the  United  States 
with  a  cargo  consisting  principally  of  arms  and  munitions  of  war, 
when  the  number  of  men  shipped  on  board  or  other  circumstances 
render  it  probable  that  such  vessel  is  intended  to  be  employed  by  the 
owner  or  owners  to  cruise  or  commit  hositilities  upon  the  subjects, 
citizens,  or  property  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people  with  whom  the  United  States  are  at  peace,  until  the 


FIRST   CUSTOMS    CONGRESS    OF    AMERICAN   REPUBLICS.  91 

decision  of  the  President  be  had  thereon,  or  until  the  owner  or  owners 
shall  give  bond  and  security  in  double  the  value  of  the  vessel  and 
cargo  that  she  will  not  be  so  employed. 

Upon  compliance  with  these  re^iuirements  respecting  clearance  the 
collector  delivers  the  clearance  to  the  master,  and,  as  regards  vessels 
of  the  United  States,  the  vessel's  register  and  other  papers.  Col- 
lectors are  required  to  see  that  the  provisions  of  section  11  of  the  act 
of  June  26,  1884,  are  fully  complied  with  as  regards  medicine  chests 
and  slop  chests  on  vessels  of  the  United  States. 

These  requirements  are  set  forth  more  fully  in  the  laws  and  regula- 
tions printed  for  the  information  and  guidance  of  customs  officers  and 
others.  The  reason  for  them  is  indicated  by  their  context  and  seems 
not  to  need  further  explanation  in  this  paper. 


INDEX. 

Address:  P^^e- 

Of  Hon.  Leslie  M.  Shaw,  Secretary  of  the  Treasury,  at  opening  of  congress.  21 
Of  Sefior  Don  N.  Bolet  Peraza,  in  reply  to  that  of  the  Secretary  of  the 

Treasury 23 

Of  welcome,  by  Hon,  Seth  Low 20 

Aldermen  of  New  York,  board  of: 

Courtesy  extended  the  congress  by 8 

Vote  of  thanks  to,  for  use  of  the  city  hall 42 

Argentine  Republic :  Representation  of,  in  congress 7 

Armstrong,  Robert  B.,  delegate  of  the  United  States 8 

Amendment  suggested  by,  to  plan  of  Senor  Arrangoiz  for  preparation  of  a 

common  nomenclature 29 

Member  of  committee  on  nomenclature 25 

Member  of  committee  on  organization 24 

Signs  resolutions 14 

Arrangoiz,  Senor  Don  Javier,  delegate  of  Mexico 7 

Member  of  committee  on  nomenclature 25 

Member  of  committee  on  organization 24 

Member  of  special  committee  on  Monroe  Doctrine  resolution 34 

Member  of  committee  on  vessels 25 

Plan  of,  concerning  preparation  of  a  common  nomenclature 28 

Report  of,  on  nomenclature  (Appendix  H) 7^ 

Report  of,  on  vessels  (Appendix  G ) 70 

Signs  resolutions 14 

Aspiroz,  Seilor  Don  Manuel,  ambassador  of  Mexico  to  the  United  States:  Mem- 
ber of  committee  to  prepare  work  of  congress 19 

Baquerizo,  Senor  Don  A.,  delegate  of  Ecuador 7 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  committee  on  organization 24 

Signs  resolutions 14 

Barnhart,  Kenneth,  delegate  of  the  United  States 8 

Member  of  committee  on  merchandise 25 

Member  of  committee  on  procedure 24 

Second  vice-president  of  congress 8,  24 

Signs  resolutions 14 

Bolet-Peraza,  Senor  Don  N.,  delegate  of  Honduras 7 

Address  of,  on  behalf  of  foreign  delegates,  in  reply  to  address  of  the  Secre- 
tary of  the  Treasury 23 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  committee  on  merchandise 25 

Member  of  committee  on  organization 24 

Member  of  special  committee  on  Monroe  Doctrine  resolution 34 

Signs  resolutions 14 

Bolivia: 

Custom-houses  of.— Report  of  Seilor  Don  J.  E.  Zalles  (Appendix  A) 44 

Representation  of,  in  congress 7 

Calderon,  Seilor  Don  Manuel  Alvarez,  delegate  of  Peru 8 

Member  of  committee  to  prepare  work  of  congress 19 

Telegram  of - 32 

Calvo,  Senor  Don  Joaquin  B.,  minister  of  Costa  Rica  to  the  United  States, 

member  of  connnittee  to  prepare  work  of  congress 19 

Cantor,    Hon.   Jacob  A.,  president  of  the  borough  of  Manhattan,    courtesy 

extended  to  congress  by 8 

Chamberlain,  E.  T.,  delegate  of  the  United  States 8 

Member  of  committee  on  vessels 27 

Presents  resolution  of  committee  on  vessels 33 

Report  of,  on  advantage  and  disadvantage  of  gross  and  net  tonnage,  respec- 
tively, as  basis  of  shipping  charges  (Appendix  J) 83 

Secretary  of  congress 8, 24 

Signs  resolutions 14 

183 


184  INDEX. 

Page. 
Clerk  of  the  city  of  New  York,  vote  of  thanks  to,  for  courtesies  extended  the 

congress 42 

Commerce,  international: 

Resolution  of  the  Second  International  Conference  on  means  to  facilitate.  17 

Resolution  concerning  means  to  facilitate  dispatch  of  vessels  engaged  in. .  11 
Committee: 

On  future  conferences  and  permanent  organization 25 

On  merchandise 25 

Report  of 28,40 

On  nomenclature 25 

Report  of 28, 39 

Unanimously  adopted 30 

On  organization 24 

Report  of 25 

On  procedure ^  23 

To  prepare  work  for  Customs  Congress 19 

On  vessels 25 

Report  of 26,  31 

Resolution  of,  unanimously  adopted 27 

Consular  invoices,  delegate  from  Peru  advocates  suppression  of 41 

Corea,  Senor  Don  Luis  F. ,  delegate  of  Nicaragua 7 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  committee  on  organization 24 

Member  of  committee  on  procedure 24 

Signs  resolutions 14 

Couch,  Joseph  J. ,  delegate  of  the  United  States 8 

Additional  report  of,  on  merchandise 40 

Member  of  committee  on  merchandise 25 

Report  of,  on  customs  procedure  in  New  York 31 

Report  of,  on  ordinary  procedure  by  customs  officers  in  the  treatment  of 
merchandise  arriving  at  the  port  of  New  York  from  foreign  countries 

(Appendix  I ) 78 

Signs  resolutions 14 

Credentials  of  delegates,  filing  of 25 

Cuba: 

Customs  procedure  in  (Report  of  Mr,  Pierra) 31 

Report  on  entering,  discharging,  loading,  and  clearing  of  vessels  by  the 

delegate  from  (Appendix  C ) 54 

Report  on  the  importation  and  exportation  of  merchandise  by  the  delegate 

from  ( Appendix  B) 50 

Representation  of,  in  congress 7 

Suggestion  by  Sefior  Don  Luis  Alberto  de  Herrera  that  Habana  be  selected 

as  meeting  place  of  n^xt  Customs  Congress 36 

Customs  congress: 

Resolution  concerning  the  time  and  method  of  convening  next  session  of.  12 
Resolution  of  the  Second  International  Conference  of  American  States  call- 
ing for  the  assembling  of ^ 15 

Custom-house  regulations,  reform  in.     (Text  of  resolution.) 13 

Custom-houses  of  Bolivia,  report  on,  by  Senor  Don  J.  E.  Zalles  (Appendix  A).  44 
Customs  procedure: 

In  Cuba.     (Report  of  Sefior  Don  Fidel  G.  Pierra) 31 

In  Guatemala.     (Copy  of  procedure  and  rules  filed  by  Sefior  Don  James 

E.  Davis) 42 

In  New  York.     (Report  of  Mr.  J.  J.  Couch) 31 

Davis,  Sefior  Don  James  E. ,  delegate  of  Guatemala 8 

Member  of  committee  on  organization 24 

Member  of  special  committee  on  Monroe  doctrine  resolution 34 

Member  of  committee  on  vessels 25 

Presents  resolution  to  adjourn 42 

Signs  resolutions 14 

Delegation : 

Of  Guatemala,  report  of,  on  customs  regulations  of  the  Republic,  relating 

to  the  entrance  and  clearance  of  ships 58 

Of  Mexico,  report  of,  on  merchandise  (Appendix  F) 65 

Del  Paso,  Sefior  Don  P.  M.,  delegate  of  Mexico 7 

Member  of  committee  on  merchandise 25 

Secretary  of  congress 24 


INDEX.  185 

Page. 
Department  of  state,  appreciation  of  United  States  delegates  for  assistance 

rendered 9 

Ecuador,  representation  of,  in  congress 7 

El  Salvador,  representation  of,  in  congress 7 

Falcon,  Seiior  Don  Alberto,  delegate  of  Peru 8 

Remarks  of,  regarding  suppression  of  consular  invoices 41 

Signs  resolutions 14 

Fines: 

Resolution  recommending  remission  of,  at  option  of  treasury  department, 

when  imposed  on  masters  of  vessels  for  defective  customs 33 

Remarks  of  Messrs.  Toledo  and  Peraza 33 

Fischer,  Hon.  Israel  F. ,  delegate  of  the  United  States 8 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Signs  resolutions 14 

Future  congresses  and  permanent  organization: 

Committee  on 25 

Report  of 35 

Washington  selected  as  next  meeting  place  of  Customs  Congress 36 

Governments  not  represented  in  congress 8 

Grace,  Hon.  William  R. ,  delegate  of  the  United  States 8 

Signs  resolutions 14 

Temporary  chairman  of  congress 8 

Guatemala : 

Customs  procedure  in,  copy  of,  filed  by  Sefior  Don  James  E.  Davis 42 

Customs  regulations  of,  relating  to  the  entrance  and  clearance  of  ships, 
and  copy  of  documents  used  in  their  dispatch.     Report  submitted  by 

delegation  of  Guatemala  ( Appendix  D) 58 

Report  of  the  director-general  of  customs  of,  to  the  Guatemalan  delega- 
tion (Appendix  E ) 62 

Representation  of,  in  congress 7 

Hay,  Hon.  John,  Secretary  of  State  of  the  United  States : 

"  Appreciation  of  United  States  delegates  expressed  to,  for  selection 9 

Letter  of,  transmitting  report  to  President 5 

Report  of  United  States  delegation  addressed  to 7 

Vote  of  thanks  to,  for  assistance  rendered  in  the  assembling  of  the  con- 
gress    42 

Herrera,  Sefior  Don  Luis  Alberto  de,  delegate  of  Uruguay 7 

Member  of  committee  on  merchandise 25 

Member  of  committee  on  nomenclature 25 

Member  of  committee  on  organization 24 

Moves  that  Habana,  Cuba,  be  selected  as  meeting  place  of  next  Customs 

Congress 36 

Signs  resolutions 14 

Vote  of,  in  negative,  on  resolution  concerning  unloading  of  packages 

destined  to  another  port  and  return  of  same 33 

Honduras,  representation  of,  in  congress 7 

International  Bureau  of  American  Republics: 

Appreciation  of  United  States  delegates  for  assistance  rendered 9 

Duties  of,  under  resolution  on  publication  of  work  on  vessels,  merchan- 
dise, and  nomenclature  in  use  in  American  Republics 12-35 

Vote  of  thanks  to,  for  preliminary  work  done  in  organizing  the  congress. .  42 
L^ger,  Mr.  J.  N.,  minister  of  Haiti  to  the  United  States,  member  of  committee 

to  prepare  work  of  congress 19 

Lincoln,  William  H.,  delegate  of  the  United  States 8 

Member  of  committee  on  vessels ". 25 

Signs  resolutions 14 

Lopez,  Sefior  Don  Rafael  S. ,  delegate  of  El  Salvador 7 

Introduces  resolution  on  preparation  of  work  giving  data  relating  to  ships, 

merchandise,  and  nomenclature  of  American  Republics 30 

Introduces  resolution  to  refer  Seiior  Toledo's  resolution  on  Monroe  doc- 
trine to  special  committee 34 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  committee  on  organization 24 

Member  of  committee  on  procedure 24 

Member  of  committee  on  vessels 25 

Member  of  special  committee  on  Monroe  doctrine  resolution 34 

Signs  resolutions l 14 


186  INDEX. 

Low,  Hon.  Seth:  Page. 

Address  of  welcome  to  Congress 20 

Courtesy  of 8 

Mayor  of  New  York,  vote  of  thanks  to 42 

Mejia,  Senor  Don  Federico,  delegate  of  El  Salvador 8 

Amendment  suggested  by,  to  plan  of  Mr.  Arrangoiz  for  preparation  of  a 

common  nomenclature 29 

Member  of  committee  on  nomenclature 25 

Signs  resolutions 14 

Merchandise: 

Committee  on 25 

Eeportof 28,40 

In  transit,  resolution  governing  same 12,  38 

Vessels  and  nomenclature  in  use  in  American  Republics,  resolution  for 
appointment  of  a  commission  by  governing  board  to  prepare  and  pub- 
lish a  compilation  on 12, 30 

Metric  system: 

Report  of  committee  on  nomenclature  concerning  the  adoption  of 30 

Unanimous  vote  in  favor  of  adoption  of,  throughout  American  Republics.  9 
Mexico : 

Merchandise  of,  report  of  Mexican  delegation  on  (Appendix  F) 65 

Report  on  vessels,  by  Sefior  Don  J.  Arrangoiz  (Appendix  G) 70 

Representation  of,  in  congress 7 

Monroe  doctrine: 

Resolution  presented  by  Senor  Don  R.  A.  de  Toledo,  delegate  of  the  Ar- 
gentine Republic,  regarding  extension  of 34 

Special  committee  appointed  to  consider  resolution  on 34 

Montgomery,  W.  P.,  representative  of  the  International  Bureau  of  the  Ameri- 
can Republics  at  congress. 8 

Assistant  secretary  of  congress 24 

Nicaragua,  representation  of,  in  congress 7 

Nomenclature: 

Committee  on 25 

Approval  of  recommendations  of,  concerning  the  common  adoption  of 

metric  system 14 

Report  of 28,39 

11  nanimous  adoption  of 30 

Correspondence  from  Secretary  of  Treasury  suggesting  the  inclusion  of 

additional  words  in  next  edition  of 43 

List  of  articles  not  found  in  present  code  of 44 

Plan  of  Senor  Don  J.  Arrangoiz,  delegate  of  Mexico,  concerning  the  adop- 
tion of  a  common 28 

Amendments  to,  suggested  by  Mr.  Armstrong  and  Sefiores  Zalles  and 

Mejia 29 

Report  on,  by  Senor  Arrangoiz  (Appendix  H ) 74 

Vessels  and  merchandise  in  use  in  American  Republics: 

Resolution  for  appointment  of  a  commission  to  prepare  and  publish  a 

compilation  on 12, 30 

Officials  of  the  congress 8, 24 

Organization: 

Committee  on,  appointed 24 

Report  of 25 

Permanent,  committee  on 25 

Temporary 19 

Peraza,  Sefior  Don  N.  Bolet,  delegate  of  Honduras , 7 

Remarks  of,  on  resolution  recommending  imposition  of  fine  on  masters  of 

vessels  for  defective  customs  documents 33 

Peru,  representation  of,  in  congress 7 

Pierra,  Sefior  Don  Fidel  G.,  delegate  of  Cuba 7 

First  vice-president  of  congress 8,  24 

Member  of  committee  on  organization 24 

Member  of  committee  on  vessels 25 

Moves  report  of  committee  on  reciprocity  be  laid  on  table 38 

Presents  resolution  concernmg  unloading  of  packages  destined  to  another 

port  and  return  of  same  without  imposition  of  fines 33 

Presents  resolution  of  committee  on  vessels 32 

Report  of,  on  importation  and  exportation  of  merchandise  of  Cuba  (Ap- 
pendix B) 50 


INDEX.  187 

Pierra,  Senor  Don  Fidel  G.,  delegate  of  Cuba — Continued.  Page. 

Report  of,  on  customs  procedure  in  Cuba 31 

Report  of,  on  the  entering,  discharging,  loading,  and  clearing  of  vessels  of 

Cuba  (Appendix  C) 54 

Signs  resolutions 14 

Preliminary  work  before  meeting  of  Second  Customs  Congress,  recommenda- 
tion for 9 

President  of  United  States: 

Appreciation  of  United  States  delegates  expressed  to,  for  selectioii 9 

Message  of,  transmitting  report  to  congress 5 

Proceedings  of  congress,  journal  of 19 

Pulido,  Sefior  Don  Augusto  F. ,  delegate  of  Venezuela 7 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  committee  on  organization 24 

Member  of  committee  on  procedure 24 

Member  of  committee  to  prepare  work  of  congress 19 

Member  of  committee  on  vessels 14 

Reciprocity  resolutions,  report  of  committee 37 

Recommendations  of  congress,  approval  of,  by  respective  Governments 9 

Report: 

Of  committee  appointed  to  prepare  work  of  Customs  Congress 19 

Of  committee  on  organization 25 

Of  the  director-general  of  customs  of  Guatemala  to  the  delegation  of 

Guatemala  (Appendix  E) , 62 

On  advantage  and  disadvantage  of  gross  and  net  tonnage,  respectively,  as 

basis  of  charges  on  shipping,  by  Mr.  E.  T.  Chamberlain  (Appendix  J).  83 
On  custom-houses  of  Bolivia,  by  Seiior  Don  J.  E.  Zalles  (Appendix  A) . . .  44 
On  customs  regulations  of  Guatemala,  by  delegation  of  Guatemala  (Appen- 
dix D). 58 

On  entering,  discharging,  loading,  and  clearing  of  vessels,  by  the  delegate 

of  Cuba  (Appendix  C) 54 

On  importation  and  exportation  of  merchandise  by  the  delegate  of  Cuba 

(Appendix  B) 50 

On  merchandise,  by  delegation  of  Mexico  ( Appendix  F) 65 

On  nomenclature,  by  Sefior  Don  J.  Arrangoiz,  delegate  of  Mexico  (Appen- 
dix H) 74 

On  ordinary  procedure  by  customs  officers  in  the  treatment  of  merchandise 

arriving  at  the  port  of  New  York  from  foreign  countries  (Appendix  I) .  78 

On  vessels,  by  Seiior  Don  J.  Arrangoiz,  delegate  of  Mexico  (Appendix  G) .  70 
On  vessels,  by  Mr.  T.  B.  Sanders,  Deputy  Commissioner  of  Navigation  of 

the  United  States  (Appendix  K) 85 

Resolutions  approved  by  the  congress,  resume  of 11 

Results  of  congress 8 

Sanchez,  Seiior  Don  Jose  J.,  director-general  of  customs  of  Guatemala,  report 

of,  to  the  delegation  of  Guatemala  (Appendix  E) 62 

Sanders,  T.  B. ,  Deputy  Commissioner  of  Navigation  of  the  United  States,  report 

of,  on  vessels  (Appendix  K) 85 

Schwab,  Gustav  H.,  delegate  of  the  United  States 8 

Member  of  committee  on  vessels 25 

Signs  resolutions 14 

Secretary  of  State  of  United  States: 

Appreciation  of  United  States  delegates  expressed  to,  for  selection 9 

Letter  of,  transmitting  report  to  President 5 

Report  of  United  States  delegation  addressed  to 7 

Vote  of   thanks  to,  for  assistance  rendered  in  the  assembling  of  the 

congress 42 

Secretary  of  the  Treasury  of  the  United  States: 

Address  of,  at  opening  of  congress 21 

Vote  of  thanks  to,  for  inaugural  address 42 

Shipping  charges: 

Employment  of  gross  tonnage  as  basis  of  (text  of  resolution) 13 

Of  United  States — advantage  and  disadvantage  of  gross  and  net  tonnage 

as  basis  of.     (Appendix  J — Report  of  Mr.  E.  T.  Chamberlain) 83 

Spaulding,  Hon.  0.  L. ,  delegate  of  the  United  States 8 

Member  of  committee  on  procedure 24 

Permanent  president  of  the  congress 8, 24 

Remarks  of,  on  adjournment  of  congress 42 

Signs  resolutions 14 


188  INDEX. 

Page. 

Stranahan,  N.  N.,  delegate  of  the  United  States 8 

Member  of  committee  on  future  conferences  and  permanent  organization.  25 

Member  of  special  committee  on  Monroe  doctrine  resolution 34 

Signs  resolutions 14 

Straus,  Senor  Don  A.  D.,  delegate  of  Nicaragua 8 

Member  of  committee  on  merchandise 25 

Nicaraguan  Government  informs  congress  of   the  appointment  of,   as 

delegate , 37 

Signs  resolutions 14 

Toledo,  Senor  Dr.  Don  Ramon  Alvarez  de,  delegate  of  the  Argentine  Republic.  7 
Member  of  committee  on  vessels,  merchandise,  nomenclature,  future  con- 
ferences, and  permanent  organization 26 

Member  of  special  committee  on  Monroe  doctrine  resolution 34 

Presents  resolution  on  extension  of  Monroe  doctrine 34 

Remarks  of,  on  resolution  regarding  condonation  of  fines  imposed  for 

defective  customs  documents 33 

Resigns  from  congress  and  requests  withdrawal  of  reciprocity  resolution 

and  the  expungment  of  same  from  records  of  the  congress 37 

Ulloa,  Sefior  Don  Juan  F. ,  delegate  of  Guatemala 8 

Signs  resolutions 14 

United  States,  representation  of,  in  congress 8 

United  States  delegation,  report  of,  to  Secretary  of  State 7 

Uruguay,  representation  of,  in  congress 7 

Venezuela,  representation  of,  in  congress 7 

Vessels: 

Committee  on 25 

Report  of 26,39 

Resolution  of,  unanimously  adopted 27 

Loading  and  unloading  of,  during  the  night  (text  of  resolution) 12 

Loading  and  unloading  of,  on  holidays  and  Sundays  (text  of  resolution) .  13 
Merchandise  and  nomenclature  in  use  in  American  Republics.     Resolu- 
tion for  appointment  of  a  commission  by  governing  board  to  prepare 

and  publish  a  compilation  on 12 

Report  on,  by  Mr,  T.  B.  Sander,  Deputy  Commissioner  of  Navigation  of 

the  United  States  (Appendix  K) 85 

Report  on,  by  Senor  Don  J.  Arrangoiz,  delegate  of  Mexico  (Appendix  G) .  70 

Resolution  concerning  visits  of  sanitary  officers  to 11 

Resolution  concerning  visit  of  sanitary  officers  to,  presented  by  Sefior 

Fidel  G.  Pierra 32 

Resolution  concerning  unloading  of  packages  destined  to  another  port 

without  imposition  of  fine 11, 33 

Resolution  for  condonation  of  fines  imposed  on  masters  of 11 

Resolution  on  means  to  facilitate  prompt  dispatch  of 12 

Simultaneous  loading  and  unloading  of  (text  of  resolution) 13 

Washington  selected  for  next  meeting  of  Customs  Congress 36 

Whitehead,  George  W. ,  delegate  of  the  United  States 8 

Member  of  committee  on  nomenclature 25 

Signs  resolutions 14 

Yela,  Sefior  Don  Julio  J. ,  delegate  of  Guatemala 7 

Member  of  committee  on  nomenclature 25 

Signs  resolutions 14 

Zalles,  Sefior  Don  Gerardo,  delegate  of  Bolivia 8 

Amendment  suggested  by,  to  Mr.  Arrangoiz' s  plan  for  preparation  of  a 

common  nomenclature 29 

Signs  resolutions 14 

Zalles,  Senor  Don  Jorge  E. ,  delegate  of  Bolivia 7 

Member  of  committee  on  merchandise 25 

Member  of  committee  on  nomenclature 25 

Member  of  committee  on  organization 24 

Member  of  committee  on  Monroe  doctrine  resolution 34 

Presents  paper  describing  customs  procedure  in  Bolivia 34 

Report  of,  on  custom-houses  of  Bolivia  (Appendix  A ) 44 

Submits  resolution  governing  merchandise  in  transit 38 

Signs  resolutions 14 


